From The Jolly Contrarian
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| {{a|negotiation|}}[[Governing law]] chat. Mostly<ref>“Mostly”.</ref> pretty tedious, but the [[litigation department]] will get excited about it. Draw what conclusions about them, therefore, as you wish. The fun<ref>As in “fun”.</ref> questions will be such as these:
| | #redirect[[jurisdiction]] |
| *Should the courts of (say) [[England and Wales]] have [[Exclusive jurisdiction|exclusive]] or [[non-exclusive jurisdiction]] to hear disputes. Even though the contract is governed by English law, might an Italian court — or a chamber of the Luxembourgouisie — have a stab at arbitrating it? Now I know what you are thinking. In what messed up, purblind existence would one be seriously entertaining a foreign court being asked to apply English law? Just go to an English court! It is a fair question, but you might have a Malaysian [[broker]] contracting with a Venezuelan [[asset manager]] under [[English law]], in which case it might be a pain in the posterior for both to schlep up to the [[courts of chancery]] in Fleet Street to sort out the inevitable dispute.
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| *[[Rome II]], for just some of the reasons a [[governing law]] clause is so batteringly convoluted.
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Latest revision as of 10:38, 12 August 2024