The entity responsible for preparing and distributing the restatements of U.S. law has commissioned a new Restatement of Conflict of Laws. This effort includes a reworking of the provisions relating to contractual choice of law clauses. In this Article, I describe the draft contractual choice of law provisions. As a governing theme, I highlight the balance between party autonomy and economic efficiency on one hand and respect for democratic sovereign governance on the other hand: a balance that can traced through each of the new draft provisions. I explain how the current draft resembles and differs from the provision on contractual choice of law clauses in the prior restatement on conflict of laws.
