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

See all articles by Charles R. Calleros

Charles R. Calleros

Arizona State University (ASU) - Sandra Day O'Connor College of Law

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

Calleros, Charles R., Toward Harmonization and Certainty in Choice-of-Law Rules for International Contracts: Should the U.S. Adopt the Equivalent of Rome I? (2011). 28 WIS. INT’L L. J. 639 (2011), Available at SSRN: https://ssrn.com/abstract=2743836

Charles R. Calleros (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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