Entire agreement and merger clauses
Every once in a while, I address a classic miscellaneous clause. This time, I would like to discuss entire agreement clauses (also referred to as,
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Every once in a while, I address a classic miscellaneous clause. This time, I would like to discuss entire agreement clauses (also referred to as,
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
It is not used very often, but every once in a while you might encounter it: a boilerplate on the contract’s language. Such miscellaneous provision
In the free eBook published earlier today, we discuss ‘assignment’ clauses: a type of miscellaneous clause (or ‘boilerplate’) that prohibits the ‘sale and transfer’ or,
Contract drafters can influence the interpretation of a contract. They cannot influence the legal qualification of the contractual relationship (unless certain qualifiers are taken out
A very important type of miscellaneous clauses is about dispute resolution. Once it comes to a dispute or to a (major) claim, it may well
In the previous blog post, I addressed the legal impact and the business issues in connection with events of force majeure. In this post, I
You have probably seen it before: two parties from the same country (rather: jurisdiction) who insert a choice of law clause in the agreement. Is
In many contracts, a provision is inserted saying that a party may waive its rights provided it is specific and in writing. In European legal
An important question in cross-border contracting is (or should be) whether or not to settle disputes by means of court proceedings (for which you would
