Legal Opinion

IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A.

New York Court of Appeals

Decided December 18, 2012PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The issue before the Court is whether a conflict-of-laws analysis must be undertaken when there is an express choice of New York law in the contract pursuant to General Obligations Law § 5-1401. We hold that the need for a conflict-of-laws analysis is obviated by the terms of the parties’ agreement.

Defendant Inepar S.A. Industria e Construgoes (IIC) is a Brazilian power company which held a 60% stake in defendant Inepar Investments, S.A. (Inepar), a corporation organized under the laws of Uruguay. IIC specializes in providing equipment and services for…

2Cases cited2 opinions

  1. Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
  2. IRB-Brazil Resseguros, S.A. v. Inepar Investments, S.A.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by43 opinions

  1. The Ministers and Missionaries Benefit Board v. Leon Snow v. The Estate of Clark FlesherNew York Court of Appeals · 2015
  2. In re Libor-Based Fin. Instruments Antitrust Litig.District Court, S.D. Illinois · 2018
  3. Arcadia Biosciences, Inc. v. Vilmorin & CieDistrict Court, S.D. Illinois · 2019
  4. Oxford Global Res., LLC v. HernandezMassachusetts Supreme Judicial Court · 2018
  5. 2138747 Ontario, Inc. v. Samsung C&T Corp.New York Court of Appeals · 2018

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