Ensuring Choice-of-Law Provision Includes Non-Contractual Claims

Since the purpose of a choice-of-law provision designating New York law (or other state's law) is to encompass any and all claims, controversies or disputes arising under or related to the agreement or the relationship between the parties, the failure to include such language can be devastating to a client if another state's law applied under a conflicts analysis is materially different from New York law. This article discusses how this unfortunate result can easily be avoided by the use of certain key words in the choice-of-law provision.

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