When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.
In Connecticut, as in other states, the issue of which jurisdiction's laws apply to a lawsuit or dispute is governed by the principles of conflict of laws, also known as choice of law. When a case involves parties or events that span multiple states or jurisdictions, Connecticut courts will analyze various factors to determine which state's laws should apply. These factors may include the places of contracting and negotiation, the location where the contract was to be performed, the domicile, residence, nationality, place of incorporation, and place of business of the parties, and the location where a tort was committed, among others. The courts aim to apply the law of the jurisdiction that has the most significant relationship to the dispute. However, if the parties have entered into a contract that includes a choice of law provision, the courts will generally honor that agreement, unless it contravenes a fundamental policy of the state with a more significant relationship to the parties and the transaction. This is in line with the Restatement (Second) of Conflict of Laws, which is often persuasive in Connecticut courts, although not binding. In cases involving federal law, federal courts may apply federal common law or the relevant state law principles, depending on the nature of the legal issue.