Governing-Law Provisions: The Challenge Goes Beyond Drafting

I’ve dabbled in governing-law provisions. Here are the relevant blog posts from my list of stuff I’ve written on boilerplate (here):

But this recent post by Glenn West, entitled Testing Your Fluency in the “Secret Language” of Choice-of-Law/Forum-Selection Clauses, serves as a useful reminder of some hidden nuances. I suspect that most who work with contracts are oblivious to some or all of them. The language I recommend addresses only the more obvious of them, and I don’t think it would be realistic to expect to address all of them.

In his post, Glenn just asks loaded questions, so in effect he’s asking you to do some reading. I hope that at some point I’ll have occasion to make these issues more accessible through a checklist.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

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