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Results: 1-10 of 21

Terminating contracts for "material breach"

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2009

In our March 2007 newsletter, we examined the English law position in relation to clauses which entitle a party to terminate a contract in the event of a "material breach" by the other party

Negotiating governing law and dispute resolution clauses in international commercial contracts

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • November 24 2010

When negotiating international commercial contracts, it is important that the parties carefully consider their choice of governing law and dispute resolution clauses and that both are expressly set out in the contract

Terminating distribution agreements know where you stand

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • January 11 2013

A distribution agreement is a contract under which a seller (the "distributor") markets and distributes products which it has purchased from a

The battle of the forms

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 20 2010

In this month's newsletter, we look at a difficulty that frequently arises in negotiating supply contracts where both parties try to insist that the contract should be concluded on their own standard terms

Convention on contracts for the international sale of goods ("CISG"): part III

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • September 2 2009

In our last newsletter of July 2009, we discussed how on 1 August 2009, the United Nations Convention for the International Sale of Goods of 1980 ("CISG") was scheduled to enter into force in Japan

Entire agreement clauses, implied terms and misrepresentations

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 30 2011

Entire agreement clauses are common boilerplate provisions used with the intention of limiting the parties' rights and obligations to the provisions contained within the contract

Dispute resolution clauses: achieving certainty in contractual drafting

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • March 18 2009

An important issue for Japanese parties entering into contracts with international counterparties is the mechanism for the resolution of disputes and in particular, the familiar choice between arbitration and litigation

Dispute resolution clauses and the importance of drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

Exclusion clauses part 1: drafting tips

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • November 23 2009

It is a common feature of modern business that when contracting commercial parties seek to reduce their potential liability in whole or part

Force majeure: is it a superior force?

  • Herbert Smith Freehills LLP
  • -
  • Asia-Pacific, United Kingdom
  • -
  • January 31 2011

The force majeure clause is a well established clause in most construction contracts