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Terminating contracts for "material breach"

Herbert Smith Freehills LLP
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United Kingdom
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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

Terminating distribution agreements know where you stand

Herbert Smith Freehills LLP
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Japan
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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

Dealing with multi-party and multi-contract arbitration issues

Herbert Smith Freehills LLP
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Global
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June 6 2012

We have previously examined the pitfalls of multi-party and multi-contract arbitration

Circular transactions in Japan

Herbert Smith Freehills LLP
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Japan
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March 10 2010

Herbert Smith's May 2009 newsletter considered the impact on Japanese companies of high profile cases reported in the global media that had been filed as a result of the economic downturn

Negotiating governing law and dispute resolution clauses in international commercial contracts

Herbert Smith Freehills LLP
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Global
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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

Dispute resolution clauses and the importance of drafting

Herbert Smith Freehills LLP
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United Kingdom
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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

Myanmar signs the New York Convention: additional investment protection

Herbert Smith Freehills LLP
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Myanmar
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May 13 2013

Since the change of regime in March 2011, the government of Myanmar has sought to promote foreign investment, leading to wide-ranging changes to the

Entire agreement clauses, implied terms and misrepresentations

Herbert Smith Freehills LLP
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United Kingdom
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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