Vita Food Products v Unus Shipping Co [1939] AC 277 (Privy Council)

Facts: There was a contract for the carriage of herrings from Newfoundland to New York, and the cargo was damaged on the way. The contract included an exclusion clause for any negligence of the shipowner. The contract included an express choice of English law. 

Issue: What was the proper law of the contract? 

Held (Privy Council): Although neither the plaintiff, defendant or subject matter had a connection with England, the express choice of English law as the proper law was valid.

Ratio: An express choice by the parties of the proper or governing law of a contract will be given effect provided that the choice is bona fide and legal and not contrary to forum public policy.