Don't DIY: Part 6 Choice of Law & Jurisdiction
Don’t DIY. Bring it to us instead.
We are a law firm that has outlasted most others. Practical, personable and a little bit quirky.
Part 1: Be practical
Part 2: Sort out your processes
Part 3: How to assess a suitable liability cap
Part 4: Offer some warranties
Part 5: Do. Not. Draft.
Part 6: Choice of Law & Jurisdiction
Q: How flexible should you be on this?
A: As inflexible as possible. We can help.
There are compromises that may be achieved, depending on the situation.
Choice of law: the country whose law applies.
Your lawyers have drafted a contract knowing the implications of their drafting in one law. If the choice of law clause is changed, then that other country’s laws will apply. This means:
- the laws have different effects;
- the new choice of law implies terms into the contract;
- your English lawyers would not know to exclude these where possible; and
- additional cost to check with lawyers qualified in the other country’s laws.
Jurisdiction: the country in which a potential claim will be heard.
You, your company and your lawyers are based in England. Dealing with a claim in another country would mean:
- additional costs for you / your staff to travel over as needed;
- working with local lawyers there, potentially in another language; and
- unfamiliarity with the other country’s court and legal system.
Laytons is very well connected internationally, and we speak many languages so while we could certainly get you the help you need, these are additional complications you do not need if dealing with a claim.
If you're interested in hearing more practical tips, join our 'Don’t DIY! Contract hazards that come back to bite!' seminar on Tuesday 24 September.
If you are at the drafting stage, please drop me a line today to set up a call at sharon.zachariah@laytons.com – Partner: Commercial, Technology, Data Protection, IP. If it has already gone a bit wrong, contact my colleague, Disputes Partner Jeremy Lederman at Jeremy.lederman@laytons.com. Getting to know each other and chatting is free. Advice is not (it’s what we sell).