Applicable Laws, Disputes resolution method, Arbitration method and Drafting arbitration clauses

Applicable Law
t r a ct
C on


§ §
Everyone reads a contract from the
perspective of his/her own experience.

This may lead to misunderstandings and if a §
disagreement arises, there will be a need to
determine who is liable, to whom and for how
much.

This is why you need the common background
of an applicable law.
ITC M8:U9:9.2-1

, § ??
§ The applicable law can be
§ §
§ made up of 6 applicable Laws
§
1. The law applicable to each of the parties to the contract
2. The law that governs the parties’ responsibilities to each other
3. The law applicable to the dispute resolution provision
4. Any mandatory public policies which may apply to the obligations
under the contract

5. The law of the place where legal proceedings are started
6. The law of the place of enforcement of any court or arbitral
decision
ITC M8:U9:9.3-1

, Action Point 9.3-1


Applicable laws in your company’s contracts
List the following:
• Your company ’s personal law.


• The law usually selected in your company ’s
contracts as the law of the contract.


• The law applicable to the dispute resolution
provision that usually applies to your company ’s
contracts.


ITC M8:U9:9.3-2

, Action Point 9.4-1

Was an applicable law selected?
Take, at random, a sample of ten contracts made by
your company over the last year. How many of these
contracts clearly stipulated an applicable law?
• No. of contracts with an applicable law:



• No of contracts without one:




ITC M8:U9:9.4-1