Governing Law | Practical Law

Governing Law | Practical Law

This Practice Note discusses governing law issues that parties should consider when drafting contracts. The governing law clause, also known as the choice of law clause, allows the contracting parties to choose the substantive law of the appropriate province or territory (or foreign jurisdiction) to apply to the contract. The contracting parties should review the governing law clause together with any choice of forum clause, as courts look to both provisions to determine whether to adjudicate the claim, and what law to apply. For information on civil law governing law clauses and issues that apply in the province of Québec, see Practice Note, Governing Law (QC Civil Law).

Governing Law

Practical Law Canada Practice Note w-039-1195 (Approx. 16 pages)

Governing Law

by Practical Law Canada Commercial Transactions
MaintainedCanada (Common Law)
This Practice Note discusses governing law issues that parties should consider when drafting contracts. The governing law clause, also known as the choice of law clause, allows the contracting parties to choose the substantive law of the appropriate province or territory (or foreign jurisdiction) to apply to the contract. The contracting parties should review the governing law clause together with any choice of forum clause, as courts look to both provisions to determine whether to adjudicate the claim, and what law to apply. For information on civil law governing law clauses and issues that apply in the province of Québec, see Practice Note, Governing Law (QC Civil Law).