Jacques de Werra’s Article on Recent Swiss Caselaw

While I was planning for my recent trip to Geneva, I found myself exchanging emails with Jacques de Werra, professor of contract law and intellectual property law at the Law School of the University of Geneva. Jacques recently published in Jusletter his article Swiss Commercial Contracts: Review of Recent Case Law. I was uncertain how relevant I’d find it. In … Read More

When Common-Law Contract Terminology Collides with Civil Law

A topic of particular interest to me is the ways in which contract terminology used by those practicing in common-law jurisdictions doesn’t make sense in a contract governed by the law of a civil-law jurisdiction. It’s a topic I’ve touched on sporadically; see for example this 2009 post on enforceability of time is of the essence provisions in civil-law jurisdictions. … Read More

Using English-Language Contracts in China: My Q&A with China Law Blog

In March I’m going to Beijing and Shanghai to give public (here) and in-house “Drafting Clearer Contracts” seminars. [Updated 22 February 2016: I’m going back in March 2016; for more information, go here.] I’ve never been to mainland China, so it makes sense that I should prepare. I figured that in addition to learning how to get from the airport … Read More

English-Language Contracts Held Void, So Maybe I Won’t Be Going to Indonesia After All

Recently I tentatively agreed to give a public “Drafting Clearer Contracts” seminar in Indonesia next year. But I’m not sure that would make sense currently, given that a Jakarta court has just held that all contracts entered into with an Indonesian public or private entity after 9 July 2009 that are not in Bahasa Indonesia (the Indonesian language) will be … Read More

What About Indian Contract Language?

As an experiment, a few weeks ago I searched on the SEC’s EDGAR system for a bizarre usage—I don’t remember what it was—that I thought I wouldn’t find anywhere. To my surprise, it had in fact been used in the past year, in a contract drafted in India. I forgot about that until a reader pointed out to me a … Read More

Dear U.S. Contract Drafters: The World Be Hating on You

Yesterday I spotted the following tweet that @mcfandrew86, research development officer at Queensland University of Technology, Australia, apparently posted while at a contracts workshop: Basic rule of contract drafting? Don't use a USA contract as an example! Oh, and don't copy and paste in haste! #arms2012 — McFandrew (@mcfandrew86) September 19, 2012 Then there was this last week from @IPDraughts, … Read More