Choice of Law Clauses
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Statutes
The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract, agreement or other undertaking shall be governed by or construed under the laws of Delaware, without regard to principles of conflict of laws, or that the laws of the State shall govern, in whole or in part, any or all of their rights, remedies, liabilities, powers and duties if the parties, either as provided by law or in the manner specified in such writing are subject to the jurisdiction of the courts of, or arbitration in, Delaware; and may be served with legal process. (6 Del.C. § 2708)
Cases
Under Delaware law the parties' choice of law governing their contract should be respected as long as the law of that state and the parties have some relation to that state. Wilmington Trust Co. v. Wilmington Trust Co., 24 A.2d 309, 313 (Del.1942).
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Contributors
Lawrence F. Flick, II
Blank Rome LLP
The statutory information was edited and reviewed with the support of MultiState
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