This article by Neal A. Klegerman of Emmel & Klegerman PC, proposes a new Nevada statute for contractual choice of law and choice of forum clauses. Download the PDF HERE.
Contractual Choice of Law and Forum in Nevada after Atlantic Marine
Charting a course to greater freedom of contract in the wake of a unanimous U.S. Supreme Court decision.
This article proposes enacting a new statute, the Nevada Contractual Choice of Law and Choice of Forum Act (NCCA). This article is accessible via the link here: Contractual Choice of Law and Forum in Nevada after Atlantic Marine
The purpose of the NCCA is to provide greater flexibility and certainty to parties negotiating contracts, both Nevada parties and those contracting with Nevada parties, in choosing the law governing their contract and the forum where any disputes would be settled. Additionally, as some features of the NCAA would be unique to Nevada it is hoped that it would be an additional factor favoring Nevada when businesses choose a state for their domicile.
Only contracts involving a threshold amount or involving a particular type of parties would be covered by the NCCA. The attached article also provides a brief overview of : Existing Nevada law on contractual choice of law and forum,
Atlantic Marine Construction v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) which is a recent United Supreme Court decision,
The Bremen v. Zapata Off-Shore, 92 S. Ct. 1907 (1972) which is another United States Supreme Court decision, and Statutes in several other states addressing choice of law or forum.The article argues that the Atlantic Marine case together with the trends discussed in the article points toward the solutions provided in the NCCA.
Neal A. Klegerman, the author of the article, is a corporate lawyer with 35 years of corporate law experience. Neal currently practices with the law firm of Emmel & Klegerman PC in Las Vegas, Nevada. Please click the link for biographical information.
Please contact Neal for any questions or comments.
Neal A. Klegerman