When a contract is terminated, the provisions contained in that agreement generally cease to have any legal effect. Many US courts have held, however, that contract provisions relating to dispute resolution continue to bind the parties even after the underlying contract ceases to be. In this post, I refer to such provisions as ‘zombie’ clauses because they endure even after the main agreement ends. This post examines some of the legal issues presented by zombie choice-of-law clauses, in particular, and their relationship to the legal doctrine of separability … more
[John Coyle, Transnational Litigation Blog, 21 November 2022]
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