Negotiating English Language Contracts Subject to Foreign Laws and Regulations

Carole Cotter, Legal Adviser, , United Kingdom

What do we do when we are a service provider and the client insists on its own contract written under a law other than English? Whilst the commercial instinct may be to save the cost of instructing lawyers in the appropriate jurisdiction this may be a false economy given the following: - foreign laws may override whatever is written in the contract - foreign laws may incorporate provisions relating to liability and standard of care meaning that these elements do not need to be in the contract or, if there in a different form, will be overridden - foreign laws may contain elements that are not known under English law. It is possible to keep costs down by framing the request for advice in clear and efficient terms. The article gives examples of how to do this.

Carole Cotter is a consultant who usually works as an in-house lawyer for charities and financial services companies. Email: cotterca@aol.com