Governing Law (Does the Contract do what it says on the Tin?)

Why not just give in when a customer or supplier wants a contract to be governed by the laws of the country they are based in? Well it might work and it might not, and whilst this is not an exhaustive list, here are a few things to think about….. 1. The Biggest Show in Town Problem If you are …

Arbitration vs Litigation

Clients sometimes ask us why in some commercial contracts we recommend that disputes are handled through the English courts, but in others, we recommend an arbitration clause. Sometimes it comes down to a question of judgment but there are factors, which weigh more heavily in favour of one choice rather than the other. First of all, let’s be clear, that …