Legal cultures: overview
In this blog post, I will highlight a few legal traditions. The division into categories might help a lawyer assessing the potential effects of a
Internationale joint ventures
This is my 150th blog post! Three years of blogging – I felt that after the publication of Drafting contracts – Techniques, best practice rules
Without undue delay
A funny phrase introducing a vague term into a contract is without undue delay. This blog post is about that vagueness. Background. Many contract provisions
Headings are for convenience only
You have problably seen them before: the two or three words preceding a contract section, briefly highlighting the scope of that clause. These words are
Bullet points, don’t use them in contracts
It is uncommon (or at the least contrary to best practice) to use bulletpoints in contracts. This blog post explains why. Best practice rule. Do
No-subcontracting clauses
The no-subcontracting permitted clause is often included by way of a miscellaneous provision. Often not very thoughtfully, since the service provider or seller may probably
Further assurances – duty to cooperate
A frequently used boilerplate clause is commonly referred to as “further assurances” and addresses the parties’ duty to cooperate in certain aspects. Especially in a
Opting out of the Vienna Convention CISG on international sale of goods
Many contracts opt out of the applicability of the ‘Vienna Convention‘[1]. Most lawyers do this ‘because everyone does’ and many opt out even if it
Confidentiality agreements: address basic IP rights?
It is not common to provide for lengthy intellectual property law aspects in a confidentiality agreement, but it might be helpful to touch upon the
