A very good article regarding choice of law in multinational scenarios.
Sometimes, this point is easily resolved, as in the following examples:
- If a Japan-based multinational is negotiating with a small English company, the parties may be happy to agree English law. The multinational may have English lawyers on its staff, or be willing to pay for external legal advice, and may have a general level of comfort with English law.
- If a US-based pharmaceutical company is negotiating the terms of a clinical trial agreement with a French hospital, the company may realise that there is very little chance of the hospital agreeing anything other than French law. There may, in any case, be advantages in having contract issues (eg indemnities) dealt with under the same system of law as that under which…
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