Choice of Law

The Supreme Court of Alaska has adopted the methodology advocated by the Restatement (Second) of Conflict of Laws.The state uses the Second Restatement’s most significant relationship test for making choice of law determinations in contract. (See Choice Of Law In Alaska: A Survival Guide For Using The Second Restatement)

Alaska follows the approach of Restatement (Second) Conflict of Laws §187.  Choice of law clauses will be given effect unless either (a) the chosen state has no substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties' choice, or (b) application of the law of the chosen state would be contrary to a fundamental policy of the state which has a materially greater interest and the laws of the latter state would apply under the "most significant relationship" rule if no choice had been made by the parties. Peterson v. Ek, 93 P.3d 458, 464-65 (Alaska 2004).