CONSULTATIONS ON THE APPLICATION OF ENGLISH LAW IN CONTRACTS ✅ CORPORATE AND COMMERCIAL LAW ✅ SERVICES

Lawyer's actions:

Conducting a consultation to clarify the context.
Initial review of the client's draft contract or standard contracts.
Identification of risky provisions and clauses that may conflict with English law.
Verification of the presence of general conditions or other standard templates used by the client.

Lawyer's actions:

Conducting a detailed legal analysis of each clause of the contract or template.
Providing a written opinion or advisory memorandum.
Determining recommendations for changes, inclusion or exclusion of specific clauses.

Lawyer's actions:

Conducting a meeting to discuss the results of the analysis and answers to the client's questions.
Editing or reviewing the contract in accordance with English law.
If necessary, preparing a new version of the document or a version adapted to British standards.

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Consultations on the application of English law in contracts

The application of English law in contracts is common practice for businesses operating in the United Kingdom or cooperating with British partners. English law is valued for its predictability and clear judicial practice, which reduces risks for the parties.
However, in order to securely and profitably establish a governing law clause, professional advice on the contract is required. A lawyer will help determine whether English law is indeed the most suitable for this document and how to correctly formulate the terms of the contract to avoid legal pitfalls and inconsistencies.

When is advice on the application of English law in contracts needed?

Advice on English law will be useful in a number of common situations where a business seeks legal certainty and protection:

When concluding international contracts where one of the parties operates in the United Kingdom or plans to enter the British market.
If it is necessary to specify ‘English law as applicable’ in the contract and determine English jurisdiction for the resolution of possible disputes.
When it is necessary to agree on the place of performance of the contract, the application of VAT, specific provisions regarding force majeure and liability in accordance with British standards.

Timely consultation on the application of English law in a contract helps to anticipate typical risks and include clauses in the contract that will work effectively in the UK.

What does legal assistance include when choosing English law for a contract?

To ensure that the contract fully complies with UK requirements and works in the event of disputes, support involves several key steps:

Analysis of the business model and agreement to determine whether it is really advantageous to choose English law and whether it is appropriate to specify London as the place of arbitration or court.
Drafting a contract or reviewing an existing text for compliance with English law, including provisions on applicable law, jurisdiction, contract term, penalties for breach, and dispute resolution mechanisms.
Preparation of additional documents - confidentiality agreements (NDA), letters of guarantee, minutes of negotiations, which support the main contract and are governed by English law.

Such comprehensive support reduces the risk of future claims and greatly simplifies the protection of interests in British courts or arbitration.

Advantages of applying English law in contracts

Individual contract structuring: The specifics of a particular transaction and business area can be taken into account so that the terms of the contract correspond as closely as possible to commercial realities.

Legal predictability: British law has established precedents, giving you a better understanding of how the contract will be interpreted in the event of a dispute.

International recognition: Contracts under English law are easily recognised and enforced in many countries, which is particularly important for companies operating in multiple jurisdictions.

How do we help with the application of English law in a contract?

The lawyer begins the collaboration with a detailed consultation, during which they analyse your business model, the type of agreement and the risks. They then prepare a contract or amend an existing document to ensure that it complies with both English law and commercial objectives.
At the stage of signing and executing the contract, the specialist can represent your interests in negotiations with counterparties, and in the event of disputes, accompany the process in British courts or arbitration, acting as your local advisor.

Frequently asked questions about English law in contracts

Question

Is it necessary for a company to have an office in the UK to choose English law?

Answer

No, the parties are free to choose English law as applicable, even if both are legally located outside the UK.

Question

Which is better for a contract - an English court or arbitration in London?

Answer

It depends on the type of business and the anticipated risks. Arbitration is more often chosen in international contracts because its decisions are easier to enforce in third countries.

Question

Is a British lawyer required to prepare a contract?

Answer

No, but if you want the contract to truly work under English law, it should be reviewed or drafted by a specialist who is thoroughly familiar with British law and court practice.

Conclusion

Consultation on the application of English law in contracts is the key to reliable agreements that will really work in the British market and beyond. Contact a Consultant to get full legal support, optimal contract terms and confidence that your interests are protected.