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In many international contract negotiations, the question of which law will govern often arises in the final stages and receives less than the careful attention that it deserves. Further, a U.S. buyer or seller may fear losing a deal and, as a result, acquiesce to subjecting a contract to the law of a non-U.S. jurisdiction. What happens if a dispute arises under the contract and the U.S. party faces in a U.S. court the need to prove the selected foreign law? Or what if a U.S. company with branch or subsidiary operations abroad encounters a claim in this country, based on the law of another jurisdiction? The decided cases provide some useful lessons and warnings for litigants and practitioners.

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