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López-Ibor Abogados | Spain | 18 Jan 2023
Should you use English law in a Spanish M&A contract?
🕑 5 minutes The stronger party to an M&A contract with a Spanish element will often select, or somehow impose, English or New York law as the governing law. It is fair to say that English law offers predictable solutions in contractual disputes between parties of equal bargaining power and admits little or no limitations on freedom to contract. However, in the real world, this use of common......
Ploum | Netherlands | 28 Dec 2022
Part 4 of ‘four points of attention when concluding (commercial) agreements’: choice of law and choice of forum
It is important (especially for international contracts) to include a choice of law in the contract so it is clear which law will govern the contract…
Covington & Burling LLP | France, United Kingdom | 5 Oct 2022
Which Law Governs an Arbitration Agreement? A Question that Divides the Highest Courts of England and France
When a court has to assess the scope and validity of an agreement to arbitrate, the first step is to identify which system of law the court must…
Ellis & Winters LLP | USA | 27 Sep 2022
U Can’t Touch This: The Limits on Section 75-1.1’s Reach to Out-of-State Conduct
Section 75-1.1 claims involving out-of-state conduct frequently face significant hurdles. A claimant must show a substantial in-state injury for…
Lee Tsai & Partners | China | 29 Jul 2022
Focus on the Choice of Governing Law in Cross-Border Transactions (Mainland China)
With ever-increasing friction in cross-border transactions, it is undoubtedly important to carefully design dispute resolution clauses in contracts…
Lee Tsai & Partners | China | 28 Jul 2022
跨境交易中準據法的選擇重點（中國大陸）
跨境交易中摩擦越來越頻發的今天，在合同中周密佈局爭議解決條款的重要性已經毋庸置疑。以前看似可有可無，談判中經常一帶而過的準據法條文…
Bryan Cave Leighton Paisner LLP | USA | 7 Oct 2021
Colorado law may govern noncompete despite choice-of-law provision
Colorado law is not particularly friendly to noncompete agreements. A Colorado statute prohibits all such agreements unless they fall within one of…
Cordato Partners | Australia, New Zealand, USA | 11 Jul 2021
The Federal Court clears the way for victims of the White Island Volcano to sue in Florida
After breaking free from a poorly drafted exclusive jurisdiction clause, the Browitt family is free to sue Royal Caribbean Cruises in the Circuit…
Cordato Partners | Australia, New Zealand, USA | 11 Jul 2021
Royal Caribbean abandons anti-suit injunction in Australia, will pursue stay of lawsuit in Florida
In a dramatic move, Royal Caribbean has discontinued its application for an anti-suit injunction on the eve of the final hearing in the Federal Court…
Wilson Elser | USA | 15 Apr 2019
Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine
With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases…
