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Does this mean anything for choice of law?


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I found this case, but it is from 2006 in Georgia. I'm interested in the part about choice of law and using Delaware sol instead of Georgia. I know that in 2008 the court in Georgia changed sol on credit cards from 4 to 6 years, but is there anything in the case from 2006 that can be used as a convincing argument that Delaware sol should apply?

Also wondering if invoking arbitration and taking a case out of the courts would help to use a Delaware sol instead of a Georgia sol?

http://floridaarbitrationlaw.com/cases/Samadi_v_MBNA.pdf

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Guest chuckygee

I think you may have two problems with this appeal for case law.

First it says "Do Not Publish", so it is a nonpublished decision. This just means it is not binding case law. It does not have to be followed by other courts.

The second problem is this is dealing with the validity of binding arbitration. This is a contractual provision that is being debated. SOL is usually deemed a procedural matter, not a contractual matter.

But you are on the right track where you are looking. Keep going and see if you can find a published opinion.

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Thanks, Chucky!

I know that if the case is left in the court system, I will have to use sol for Georgia/procedural law - even though the agreement says Virginia. But, if I choose arbitration - does this give me any kind of different stance in regard to the sol issue? In other words, could arbitration possibly take away the procedural view?

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Guest chuckygee

I don't know. But I would definitely raise the argument and have that be the first thing the arbitrator decides on before any other claim moves forward!

More time = more expense = less happy creditor!!!!

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What about this?

In the case of lawsuits involving contracts, the traditional choice-of-law rule is the lex loci contractus rule (“the law of the place of contracting”). The lex loci contractus rule is subdivided into issues of contract validity and contract construction and performance. If the issue turns on whether the parties have entered into a binding contract, that issue is resolved under the law of the state where the contract was made, which would be the place of acceptance of the offer. If the issue is one of performance, the law of the place of performance governs, in the absence of a valid choice-of-law clause in the parties’ agreement. Today, ten states still follow the lex loci contractus rule: Alabama, Florida, Georgia, Kansas, Maryland, New Mexico, Rhode Island, South Carolina, Tennessee, and Virginia.(5)

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