Does a clause in a contract requiring a party to "choosing a choice of law" include the statute of limitations?

MultiRegion, United States of America

The following excerpt is from PNC Bank v. Sterba (In re Sterba), 852 F.3d 1175 (9th Cir. 2016):

Ordinarily, when parties to an agreement select the law they want to govern an issue, federal courts will enforce that choice. See, e.g. , Flores v. Am. Seafoods Co. , 335 F.3d 904, 91619 (9th Cir. 2003). But where a choice-of-law provision does not expressly include the statute of limitations, we have construed it as silent on the issue. In Des Brisay v. Goldfield Corp .a federal securities casewe applied federal common law to hold that a clause providing for a contract to "be governed by and interpreted according to the laws of the [Canadian] province of British Columbia," did not include the statute of limitations. 637 F.2d 680, 682 (9th Cir. 1981). The contractual choice-of-law provision in this case, adopting Ohio law, is materially identical to the one we construed in Des Brisay.

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