Today, our LinkedIn group Drafting contracts (click here to join) welcomed its 2,500th member! Since the start of the group in February of this year, numerous discussions have been initiated on various aspects of contract drafting. The group members are very enthusiast about the high level of discussions and discussion topics. They give a tremendous insight in the experience of legal professionals from all over the world, who explain the particularities of their own national legal system.
The discussion topics in the group address everyday contract drafting aspects. Have you ever wondered about some of the following:
- Stipulate “represent and warrant” or just “warrant”?
- Best practices re. MOUs, LOI‘s and pre-contracts.
- “Shall” or “will” – which obliges more in a contract?
- Recitals and preambles – what do they mean in your country?
- When do you opt for arbitration and when for a court of law?
- “For the avoidance of doubt” : in which rare contexts would you use the phrase?
- Why exclude the CISG (Vienna Convention) from your contracts?
- Should a contract provide for ‘equitable relief‘?
- Indemnities in purchase contracts: how to draft them and do you need one?
- Counterparts clauses: why do we include them?
- ‘Pathclearer‘ – a sensible approach to contracting?
Why is the LinkedIn group so helpful? Well, the world has globalised. Over the past decades, cross-border contracting has triggered an increasing need to understand the other party’s interests. Whilst national laws and case law have been converging in solutions and approaches, lawyers still begin to argue from their traditional national-legal-cultural point of view. Understanding the differences and similarities between national laws facilitates business and brings people together. The LinkedIn group appears to be a useful platform for creating such understanding.
This is a niche group: we maintain focus on issues related to contract drafting. Permitted subjects relate to:
1. Sharing model contract clauses
2. Best practices of drafting clear and unambiguous contract clauses
3. The use of ‘legalese’ or archaic contract language
4. Why or when to use certain contract language
5. Legal or practical impact of certain contract clauses
6. Comparative (contract) law enquiries
7. Cross-border contracting and negotiating
8. Checklists for contracts
9. (How to) cooperate on model contracts
10. The look & feel of a contract
We will not approve (and will remove):
– job inquiries
– contributions mainly aiming at the sale of a product or (legal) service
– personal advertisements
Does this sound like an attractive environment to reflect on contract drafting issues?!