Questions and Answers
What do boilerplate clauses refer to in commercial contracts?
Jurisdiction and choice of law
How can ambiguity in a jurisdiction clause impact enforceability?
It renders the clause unenforceable
Why is it important to consider different court systems when negotiating jurisdiction clauses?
To avoid legal complications
In what context does jurisdiction refer to the geographical limits of a court's authority?
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How does the court system in England and Wales differ from that of Scotland?
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Why should references to specific courts be made in jurisdiction clauses?
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What is another term for an asymmetric jurisdiction clause?
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Why is it important for parties to consider the applicable law in an arbitration agreement?
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What conflict can arise if differing expert evidence is presented regarding the relevant law?
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Why do most jurisdiction and choice of law clauses specify that the choice of law aligns with the court having jurisdiction?
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What is the significance of an arbitration agreement being severable from the main contract?
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