What is a Choice-of-Law Rule?

In the first Conflict of Laws Discussion Group meeting of the current academic year, Marcus Teo (Assistant Professor at National University of Singapore) will speak at St Catherine's College on the topic ("What is a Choice-of-Law Rule?"). A sandwich lunch will be provided from 12:30pm.

Please come to the Lodge, where further directions will be given.

Contact: Jonathan Saunders (conflictoflaws@law.ox.ac.uk)

Modern choice-of-law theory has shied away from providing an explanatory account of English doctrine. This article builds such an account, starting from the form and structure of English choice-of-law rules. It argues that, in the law of obligations, choice-of-law rules are retrospective litigant powers, justified on grounds that either party to a voluntary prior interaction should be entitled to alter the rights and duties arising therefrom, from rights and duties in English law to those under the law most closely connected to that interaction. This account holds implications for the availability of choice-of-law categories, the content of connecting factors, the enforceability of choice-of-law agreements and the operation of the public policy exception. It also provides a contrast for choice-of-law rules for property and persons, which are mandatory rules instead, and which therefore rest on different justifications with different doctrinal implications.