I often see governing law clauses that state something like

The contract is to be governed in accordance with the law of the State of California without regard to any conflict of law principles

I red this article but still don't see why it's necessary. The intent is clear. No one would put this in without intending to mean it.

The article says such clauses prevent against courts simply not following the choice of law, and also preventing "renvoi" but isn't that the same thing? I don't see how there are two different things the "without regard..." prevents.


The first part about the choice of law is normally referring to what law of the country or state that the party intends.

The renvoi part is saying that if there is a conflict, that laws involving foreign juridictions should not be consulted to end the dispute.

Second, it prevents a renvoi which would allow for a court to refer to laws involving foreign jurisdiction in a conflict of law analysis. The author indicates that this is important for ensuring that the intention of the parties are maintained.

The foreign part is the key difference.

  • 1
    Isn't that still extremely redundant? It's like saying "apply the law from France but don't apply the law of England". What more does "without regard to conflict of law" add? – TwoTwins Apr 18 at 1:44
  • That part refers to domestic laws. It's just a way things are done. You are looking to far into it. I don't mean that offensively. – Putvi Apr 18 at 18:11

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