Entire agreement and merger clauses
Every once in a while, I address a classic miscellaneous clause. This time, I would like to discuss entire agreement clauses (also referred to as,
Guidelines for experts (a forgotten alternative for arbitration?)
An all too often underestimated means for settling disputes is the appointment of an expert (or binding advisor). Contract drafters do not see the clear
This is not in English
It is not used very often, but every once in a while you might encounter it: a boilerplate on the contract’s language. Such miscellaneous provision
Assignment of contracts clauses
In the free eBook published earlier today , we discuss ‘assignment’ clauses: a type of miscellaneous clause (or ‘boilerplate’) that prohibits the ‘sale and transfer’
Independent contractors – no partnership established
Contract drafters can influence the interpretation of a contract. They cannot influence the legal qualification of the contractual relationship (unless certain qualifiers are taken out
Mediation and arbitration
A very important type of miscellaneous clauses is about dispute resolution. Once it comes to a dispute or to a (major) claim, it may well
Force majeure – tips and tricks
In the previous blog post, I addressed the legal impact and the business issues in connection with events of force majeure. In this post, I
Choice of law in national contracts
You have probably seen it before: two parties from the same country (rather: jurisdiction) who insert a choice of law clause in the agreement. Is
Waiver clauses in contracts
In many contracts, a provision is inserted saying that a party may waive its rights provided it is specific and in writing. In European legal
