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Aspiring Lawyers - Applications & General Advice
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Ask 3 future trainees (Magic & Silver Circle, International Elite) ANYTHING! *New TCLA Team Members*
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<blockquote data-quote="Jacob Miller" data-source="post: 73628" data-attributes="member: 5063"><p>The 'quick' answer is that, in 99.9% of all transactions, there will be dispute resolution clauses which include a choice of court clause and a choice of law clause (usually, as well as ADR clauses) which will cover the entire transaction. There will also be a separate clause relating to the conduct in each relevant jurisdiction all being above board, etc. Any dispute arising out of the sale, regardless of whether it related to something in England or elsewhere, would then be heard under the relevant clause. </p><p></p><p>There is definitely an added layer of complexity when we consider the relative <strong>validity</strong> of these clauses. The recognition, enforceability and validity of choice of court agreements in Europe is primarily regulated by the <strong>Brussels Regulation Recast</strong>, also known as Brussels 1A (Regulation 1215/2012 of the European Council). The Hague Convention on Choice of Court Agreements also remains binding for the UK, irrespective of Brexit. These both dictate certain situations in which choice of court agreements will be rendered invalid, so any such clauses in those contracts must give heed to this as claims relating to a company's conduct in another country outside of the choice of court agreement can cause massive sticking points and give rise to hugely complex litigation and conflicting judgements.</p></blockquote><p></p>
[QUOTE="Jacob Miller, post: 73628, member: 5063"] The 'quick' answer is that, in 99.9% of all transactions, there will be dispute resolution clauses which include a choice of court clause and a choice of law clause (usually, as well as ADR clauses) which will cover the entire transaction. There will also be a separate clause relating to the conduct in each relevant jurisdiction all being above board, etc. Any dispute arising out of the sale, regardless of whether it related to something in England or elsewhere, would then be heard under the relevant clause. There is definitely an added layer of complexity when we consider the relative [B]validity[/B] of these clauses. The recognition, enforceability and validity of choice of court agreements in Europe is primarily regulated by the [B]Brussels Regulation Recast[/B], also known as Brussels 1A (Regulation 1215/2012 of the European Council). The Hague Convention on Choice of Court Agreements also remains binding for the UK, irrespective of Brexit. These both dictate certain situations in which choice of court agreements will be rendered invalid, so any such clauses in those contracts must give heed to this as claims relating to a company's conduct in another country outside of the choice of court agreement can cause massive sticking points and give rise to hugely complex litigation and conflicting judgements. [/QUOTE]
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