American choice of law relies primarily on common law methods that differ from state to state. Determining the relevant law when a dispute has a connection to more than one state can be difficult. When the dispute is transnational, the difficulties increase, particularly if the forum state’s choice-of-law rules incorporate a home-state bias. Oregon’s response to this common law ‘mess’ was to codify a new approach in statutes that apply to all cases – domestic and transnational – in which choice of law is at issue. This post first surveys and evaluates Oregon’s experiment with codifying choice-of-law rules. It then argues that while the statutes have proven successful, some courts have interpreted them in ways that undermine their purpose … (more)
[John Parry, Transnational Litigation Blog, 18 May 2023]
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