Conventions Regarding the Order of Parties in the Introductory Clause

Posted on December 15, 2010 by Ken Adams

I’ve noticed that in most one-way confidentiality agreements, the disclosing party is listed first in the introductory clause. That prompted me to speculate whether in other kinds of contracts there’s a generally accepted order in which the parties are listed in the introductory clause.

On the other hand, there’s the urge to put your client, or your company, first. That could account for a majority of disclosing-party-first instances.

Which tendency has the upper hand? I await your comments on this gripping issue.

Posted in Uncategorized | 4 Comments

  • Westmorlandia

    I have never given it a moment’s thought. I suppose if I was drafting from scratch I would put my own client’s name first. If I was drafting a template I suppose I would put the discloser first, as the discloser is the party who benefits from the terms and the receiving party is subject to them (which is more to do with the way I think than any particular logic), but I doubt I would notice if someone did it the other way round.

    • http://www.koncision.com Ken Adams

      W: Hey, I hadn’t given it a moment’s thought either! But I think it’s worth that. Perhaps not much more …. Ken

  • Randomjohn

    debtor almost always comes before the lenders in a credit agreement. seller comes before buyer in most asset and stock purchases (based on an unscientific survey of my shelf).

  • A. Wright Burke, M. Phil.

    Alphabetically.