Q&As

How is the governing law of a contract determined if the contract is silent?

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Published on LexisPSL on 03/02/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • How is the governing law of a contract determined if the contract is silent?

How is the governing law of a contract determined if the contract is silent?

The governing, or applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so then the applicable law will be determined by the application of the relevant directive, convention or common law rules.

For domestic

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