Private Law Theory

In a recent article, I explore what should be globally significant in a forum selection agreement as an indicator of the implied choice of law when the agreement omits a choice-of-law clause. This topic is in itself a very old one, dating back to the late 19th century when English judges in Hamlyn and Co v Talisker Distillery, explicitly held that in the absence of an express choice of law, a choice of forum agreement would imply the choice of law. The popular Latin maxim for this is: Qui eligit forum vel iudicem eligit ius. Currently, however, this topic is ill-defined, notoriously complex, and a hotly debated issue in theory and practice across the global community … (more)

[Chukwuma Okoli, Transnational Litigation Blog, 16 January 2024]