Letter agreements and side letters – when to use?
An agreement does not necessarily need to be embodied in the traditional structure of a contract (i.e. with a parties block, recitals, words of agreement,…
Author: Willem Wiggers
Amendments: keep the miscellaneous provision short!
In many, if not all, contracts, a miscellaneous provision related to amendments, modifications, adjustments and other changes is included. In this blog post, I will…
An agreement: between or amongst parties?
Continuing the first line of a contract (as in the previous blog post on made or entered into), you would typically find the word between,…
Is a contract made or entered into?
The first line of a contract sometimes states that the agreement was made and entered into (between the parties). What concept does this refelect? What…
“Material” is a vague term
Another vague term is the word material. It is typically used to distinguish from immaterial things: even though there is often a grey area as…
Reasonable: what is it?
In a previous blog post, I indicated the ‘importance’ of vaguenesses in contracts. The most obvious example of vagueness is the word reasonable. This vague…
Vague terms: triggering cultural differences
Very often, it is impossible to stipulate exactly how or when a certain obligation must be performed. In those cases, you will use a vague…
Arbitration clauses: points of attention
All arbitration institutes provide for a model arbitration clause, which you are recommended to include in your agreement if you choose that institute. If you…
Ad hoc arbitration or administered by an institute?
When drafting a dispute resolution provision geared towards arbitration, you might wonder whether you need an arbitration institute and which arbitration provision you should include.…
