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Results: 1-10 of 23

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 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


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


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


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


Investing in Africa: common problems and ways to mitigate them
  • Herbert Smith Freehills LLP
  • Africa, Japan
  • May 7 2014

The prospect of increased Japanese investment in Africa has been in the news in 2014. January saw Prime Minister Abe's visit to Ethiopia, Ivory Coast


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


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


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


Recovering wasted management costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract