Sélection of Advanced texts in International Obligations Business»»Part II

5 تیر 1402 - خواندن 6 دقیقه - 2525 بازدید

Sélection of Advanced texts in International Obligations Business Methodology»»Part II


Author and researcher

 Dr.Mohammad Shakibi Nejad

Senoir of the Faculty of Judicial 


Governing law clause⚖️📖✒️

The legal regimes for determining the applicable law where the parties fail to reach a valid agreement.,
whether arbitration might be an appropriate method of dealing with disputes between the parties. See Practice Notes:
Arbitration—an introduction to the key features of arbitration and Example institutional and ad hoc model arbitration clauses and Precedent: Arbitration clause.
The potential impact of the broader international landscape.
For example, the departure of a Member State from the EU, or the logistical consequences brought about by a pandemic. See Practice Notes: New UK border control with the EU as from 1 January 2022, Trade in goods with Northern Ireland, and Trade in services under the UK-EU TCA—an overview.,
Contractually provisions for service of process.
📌🖋️Service of the claim form by a contractually agreed method CPR 6.11/

Rights and liabilities of agreement should necessarily contain a clause that is clearly indicative of the rights and obligations of each of the parties. The licensor’s obligation must involve the fact ensuring the value with regard to the trademark is purely maintained, and adequate technique of marketing and advertising is done in conformity to the relevant extent.
The licensee’s obligations must extend into ensuring the quality of goods and all the services upon which a licensor’s trademark is mentioned and used, and is also maintained. Both the parties must also lay down all the obligations or the roles of each of the parties in cases where there is a third-party infringement of the registered trademark.It is another important clause in the agreement which specifies the law that will govern the agreement during its effectiveness.
This clause has its own particular significance in the cases where the parties belong to different jurisdictions.
The governing law clause is instrumental when it comes to determining the rights and liabilities of the parties to the agreement and also the remedies which are available to them in case of a breach & so on & so forth.
The governing law clause is extremely significant when it comes to the interpretation of clauses that are contained in this agreement.
The clause governing the interpretation of the clauses contained in this agreement is very important. The clause of the governing law must include jurisdiction that is well related to the transaction between the parties depending on the principles that are concluded and this issue is precisely related to the expertise of private international commercial law.

At the end✒️🗒️

Contracts with a cross-border or international trading element typically present additional contractual and commercial considerations, and risks for commercial lawyers (in comparison with purely domestic contracts). This subtopic examines the key drafting considerations in international contracts, as well as the commercial, practical and logistical issues of trading internationally, in particular in relation to transport of goods overseas, insurance and security of both performance and payment.
For a comparison of the treatment of individual cross-jurisdiction legal topics, see the International comparator tool,Knowing how to identify an international contract is important as it will impact the key issues, as well as the relevant time scales and priorities. A contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or if any of the parties' obligations are to be performed in different jurisdictions. Where a contract has an international dimension to it, fundamental processes such as contract formation and execution may require particular attentions;
In addition to agreeing the applicable law, there may be a dispute between the parties as to where, ie in which jurisdiction, the dispute between them should be heard. It is therefore important for practitioners to be aware that different rules apply when determining whether a court has jurisdiction to hear the dispute.
For those dealing with cross border contracts with EU member states, from IP completion day, subject to the application of transitional provisions in Articles 67 and 69 of the Withdrawal Agreement, the UK no longer has the benefit of the reciprocal arrangements for the allocation of jurisdiction between the courts of EU Member States under the Brussels regime, including Regulation (EU) 1215/2012, Brussels I (recast). Subject to the application of a relevant international convention or agreement, this means that:
for proceedings commenced on or after 1 January 2021, the courts of England and Wales will determine jurisdiction by applying the existing common law.
if proceedings are issued in a court of an EU Member State in respect of a jurisdiction agreement in favour of the courts of England and Wales, disputes as to jurisdiction would be dealt with under the domestic laws of that Member State, except to the extent that the provisions in Regulation (EU) 1215/2012, Brussels I (recast) that can apply in respect of third states (of which the UK is now one) are engaged.

Thanks for Publishing by Green Law,UMICH

Reference of Source⏬

1️⃣https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/tripartiteguide.pdf
2️⃣https://www.ohebashi.com/en/practice/b11-1.php
3️⃣https://core.ac.uk/download/pdf/80037899.pdf
4️⃣https://www.wto.org/english/thewto_e/acc_e/khm_e/wtacckhm5_leg_12.pdf
5️⃣https://www.cambridge.org/core/books/international-commercial-contracts/conclusion/907BB957B84898E7DBFF51860188DADE
6️⃣https://www.unidroit.org/english/documents/2004/study50/s-50-98-e.pdf
7️⃣http://www.globalnegotiator.com/files/international-sale-contract-model-template.pdf
8️⃣http://eprints.nottingham.ac.uk/11055/1/325698.pdf