Step 6 and 7 for upgrading your model contracts

Upgrading model contracts is often a very burdensome process. In the FAQ-section of this website (under Ten steps to a successful upgrade of your model contracts), I give some recommendations as to how such processes can improved and accelerated. In this blog, I will highlight one aspect of Step 6 and elaborate on Step 7. […]

Dispense with …excluding its conflict of laws provisions

Choice-of-law clauses regularly contain the phrase excluding its conflict of laws provisions. It is used so often and yet so useless, that a clarification seems desirable. When used, the phrase excluding its conflict of laws provisions is invariably an extension of a choice-of-law clause. Obviously, it attempts to exclude the private international law principles of […]

Not shall and will (but only one of them)

A contract drafter should either use shall or will and anyhow use it consistently. But what is actually the truth about shall and will? A contract drafter should either use shall or will and anyhow use it consistently. Often, in combining contract provisions from different sources or in marking up a draft contract, a party […]

For the avoidance of doubt … and the sake of clarity

The commonly used phrase for the avoidance of doubt makes something explicit that is already covered by the other wording of the contract but could (reasonably) be interpreted otherwise. It is drafted all too often. For the avoidance of doubt (or equally, for the sake of clarity) is invariably used in connection with a preceding […]

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