IntroductionOne of the most important considerations to be mindful of when negotiating, drafting or amending a contract, either to establish a relationship or to govern the terms of a particular project or statement of work, is one that may not be immediately important to, or, hopefully, ever invoked by, the parties—the disputes resolution clause and governing law. In many jurisdictions, there is a historic tradition of empowering parties to choose for themselves where and how their disputes, should they occur, be resolved. These choices fall within the idea of freedom and capacity to contract and may generally be made without regard to the actual location of the parties (or their tangible ties) or where the activities concerned will occur.Selecting ‘where’ and ‘how’ is a crucial choice: the former refers to the forum where a dispute will be litigated, while the latter is which set of laws will be used to