When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.

In West Virginia, as in other states, the issue of which jurisdiction's laws apply to a legal dispute is governed by the principles of 'conflict of laws' or 'choice of law.' These principles are designed to resolve questions of which state or jurisdiction's substantive law should be applied when a case has connections to more than one jurisdiction. West Virginia courts will consider various factors to determine the applicable law, such as the place where a contract was signed or where an injury occurred. Additionally, courts will look at the intent of the parties, the location of the subject matter, and the domicile, residence, nationality, place of incorporation, or place of business of the parties. If the parties have included a choice of law clause in a contract, West Virginia courts will generally honor such provisions, as long as the chosen law bears a reasonable relationship to the parties or the transaction and is not contrary to the fundamental policy of a state with a materially greater interest in the issue than the chosen state. However, in cases involving issues of procedural law, West Virginia courts will typically apply West Virginia's procedural rules.