Toward Harmonization and Certainty in Choice-of-Law Rules for International Contracts: Should the U.S. Adopt the Equivalent of Rome I?
28 WIS. INT’L L. J. 639 (2011)
66 Pages Posted: 9 Mar 2016
Date Written: 2011
Abstract
Most courts and commentators have rejected the relatively simple and mechanical choice-of-law rules of the first Restatement of Conflict of Laws. Those rules sometimes resulted in the application of the law of a state or nation with no interest in the dispute and with little relationship to the issues, the parties, or the parties’ expectations about applicable law. The effort to find suitable replacement rules, however, has resulted in a patchwork of approaches within the United States, many of them typified by the flexible and multi-faceted approach of the second Restatement of Conflict of Laws or the homeward-looking test of the Uniform Commercial Code.
Keywords: Rome I, Conflicts, EU Regulation, Choice of Law
Suggested Citation: Suggested Citation