Okla. Stat. tit. 12A, § 12A-5-116
This is the official text of Okla. Stat. tit. 12A, § 12A-5-116, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Choice of Law and Forum
Official statutory text
Choice of Law and Forum.
(a) The liability of an issuer, nominated person, or adviser
for action or omission is governed by the law of the jurisdiction
chosen by an agreement in the form of a record signed by the
affected parties or by a provision in the person's letter of credit,
confirmation, or other undertaking. The jurisdiction whose law is
chosen need not bear any relation to the transaction.
(b) Unless subsection (a) of this section applies, the
liability of an issuer, nominated person, or adviser for action or
omission is governed by the law of the jurisdiction in which the
person is located. The person is considered to be located at the
address indicated in the person's undertaking. If more than one
address is indicated, the person is considered to be located at the
address from which the person's undertaking was issued.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 392
(c) For the purpose of jurisdiction, choice of law, and
recognition of interbranch letters of credit, but not enforcement of
a judgment, all branches of a bank are considered separate juridical
entities and a bank is considered to be located at the place where
its relevant branch is considered to be located under subsection (d)
of this section.
(d) A branch of a bank is considered to be located at the
address indicated in the branch's undertaking. If more than one
address is indicated, the branch is considered to be located at the
address from which the undertaking was issued.
(e) Except as otherwise provided in this subsection, the
liability of an issuer, nominated person, or adviser is governed by
any rules of custom or practice, such as the Uniform Customs and
Practice for Documentary Credits, to which the letter of credit,
confirmation, or other undertaking is expressly made subject. If:
(1) This article would govern the liability of an issuer,
nominated person, or adviser under subsection (a) or
(b) of this section;
(2) The relevant undertaking incorporates rules of custom
or practice; and
(3) There is conflict between this article and those rules
as applied to that undertaking,
those rules govern except to the extent of any conflict with the
nonvariable provisions specified in subsection (c) of Section 5-103
of this title.
(f) If there is conflict between this article and Article 3, 4,
4A, or 9 of this title, this article governs.
(g) The forum for settling disputes arising out of an
undertaking within this article may be chosen in the manner and with
the binding effect that governing law may be chosen in accordance
with subsection (a) of this section.
(a) The liability of an issuer, nominated person, or adviser
for action or omission is governed by the law of the jurisdiction
chosen by an agreement in the form of a record signed by the
affected parties or by a provision in the person's letter of credit,
confirmation, or other undertaking. The jurisdiction whose law is
chosen need not bear any relation to the transaction.
(b) Unless subsection (a) of this section applies, the
liability of an issuer, nominated person, or adviser for action or
omission is governed by the law of the jurisdiction in which the
person is located. The person is considered to be located at the
address indicated in the person's undertaking. If more than one
address is indicated, the person is considered to be located at the
address from which the person's undertaking was issued.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 392
(c) For the purpose of jurisdiction, choice of law, and
recognition of interbranch letters of credit, but not enforcement of
a judgment, all branches of a bank are considered separate juridical
entities and a bank is considered to be located at the place where
its relevant branch is considered to be located under subsection (d)
of this section.
(d) A branch of a bank is considered to be located at the
address indicated in the branch's undertaking. If more than one
address is indicated, the branch is considered to be located at the
address from which the undertaking was issued.
(e) Except as otherwise provided in this subsection, the
liability of an issuer, nominated person, or adviser is governed by
any rules of custom or practice, such as the Uniform Customs and
Practice for Documentary Credits, to which the letter of credit,
confirmation, or other undertaking is expressly made subject. If:
(1) This article would govern the liability of an issuer,
nominated person, or adviser under subsection (a) or
(b) of this section;
(2) The relevant undertaking incorporates rules of custom
or practice; and
(3) There is conflict between this article and those rules
as applied to that undertaking,
those rules govern except to the extent of any conflict with the
nonvariable provisions specified in subsection (c) of Section 5-103
of this title.
(f) If there is conflict between this article and Article 3, 4,
4A, or 9 of this title, this article governs.
(g) The forum for settling disputes arising out of an
undertaking within this article may be chosen in the manner and with
the binding effect that governing law may be chosen in accordance
with subsection (a) of this section.
Status: in_force · Read it on the official government site
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