Entire agreement and merger clauses

Every once in a while, I address a classic miscellaneous clause. Thistime, I would like to discuss entire agreement clauses (also referred to as, amongst other names, merger clause). For examples of previous blogs click here (on severability), click here (on counterparts), click here (on language and translations) or here (some notes on best efforts). […]

Guidelines for experts (a forgotten alternative for arbitration?)

An all too often underestimated means for settling disputes is the appointment of an expert (or binding advisor). Contract drafters do not see the clear advantages or even fail to recognise its effectiveness in various cases. This blog highlights its use and gives some guidelines for drafting expert settlement clauses. It is important to distinguish […]

This is not in English

It is not used very often, but every once in a while you might encounter it: a boilerplate on the contract language. Such miscellaneous provision should foresee what might likely happen… If a contract is translated into another language (e.g., because the local law requires that contracts are drawn up in an officially recognised language […]

Techniques to keep it short

As I indicated in a previous blog (click here), one of the general principles of contract drafting is to use plain English. This implies that you should keep sentences short. In the language review of my forthcoming corporate booklet, Ronald Farrants advised me that several UK firms adopted a best practice rule that sentences should […]