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IRB-BRASIL v. INEPAR INVS.

No. 191.

20 N.Y.3d 310 (2012)

2012 NY Slip Op 8669

IRB-BRASIL RESSEGUROS, S.A., Respondent, v. INEPAR INVESTMENTS, S.A., Defendant, and INEPAR S.A. INDUSTRIA E CONSTRUCÕES, Appellant.

Court of Appeals of New York.

Decided December 18, 2012.

Attorney(s) appearing for the Case

Hoguet Newman Regal & Kenney, LLP, New York City ( Frederic S. Newman and Helene R. Hechtkopf of counsel), for appellant.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Lea Haber Kuck , Elizabeth A. Hellmann , Sarah H. Yardeni and Amanda Raymond Kalantirsky of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

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 Construções (IIC) is a Brazilian power company which held...

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