Choice of Law

"When a transaction bears a reasonable relation to the State and also to another state or nation, the parties may agree that the law either of the State or of such other state or nation shall govern their rights and duties. In the absence of an effective agreement the Uniform Commercial Code applies to transactions bearing an appropriate relation to the State. (HRS § 490:1-301) The UCC contains various limitations to parties' power to choose the governing law, depending on the type of contract involved, including Sales, Leases, Bank Deposits and Collections, Funds Transfers, Letters of Credit, Investment Securities, and Secured Transactions."

"HI has adopted the view set forth by the Second Restatement of Contracts and generally applies the law chosen by the parties if the law has some nexus with the parties or the contract. Airgo, Inc. v. Horizon Cargo Transp., 66 Haw. 590, 595 (Haw. 1983);

However, a contract that lacks a choice of law provision will be subject to review by the courts de novo; selecting the choice of law (1) to which state’s law in conflict would have the strongest interest in seeing its laws applied to a particular case and (2) where applicable public policy reasons should determine whether Hawaii law or another state’s law should apply. Del Monte Fresh Produce, Inc. v. Fireman's Fund Ins. Co., 117 Haw. 357 (Haw. 2007)"