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Are Intellectual Property issues in international commercial contracts arbitrable?
It depends. The issue is determined in accordance with the applicable law. Applicable law should be interpreted to include the law of the contract, the law of the jurisdiction at the seat of arbitration (if different), and the law of the jurisdiction of enforcement.
Arbitrability is important for enforcement purposes. Under Article II 1. of The Convention on the Recognition ...
Update: Global AI Regulatory Approaches
In a previous post here , I provided an overview of the European Union’s draft Artificial Intelligence Act (“AIA”). On December 8, 2023 the European Parliament and the Council on the Artificial Intelligence Act reached political agreement on the content of the AIA. Next, the agreement will receive formal approval, which is expected to take place sometime in April 2024. ...
What is the purpose of a Most Favored Customer clause in a business contract?
A Most Favoured Customer (“MFC”) clause usually states that the Supplier will treat the Buyer as their most favoured customer, which means that the Buyer will get Pricing terms that are no less favourable than any of the Supplier’s other customers. The MFC clause may even state that the Buyer will get better pricing than other customers.
Some clauses go further and promise ...
What steps do you take when managing an international legal project?
I'm often asked this question so I'll attempt to provide a high-level roadmap. My first step is to use the FIRAC method to organize my work. I identify the facts , spot the legal issues , research the legal rules that apply to the project, analyze the facts and draw conclusions about the legal risk and possible mitigation strategies. This is an iterative process, ...
What facts do you assess in an international legal project?
In my last post here , I outlined the steps I take when managing an international legal project. This follow-up question was both popular and insightful, so I'll attempt to answer. First, it's worth noting that there are many types of international legal projects from expansion projects (e.g. branches or subsidiaries in a new jurisdiction), acquisitions and joint ventures, ...
Tying Organizational Values into the Employee Review Process: A Guide to Rewarding Values-Driven Employees
Introduction
Every organization has a set of core values that define its culture and guide its operations. These values often represent the company's mission, vision, and principles. Integrating these values into the employee review process is a powerful way to ensure that your organization's culture is not just a poster on the wall but a living, breathing part of your ...
Burnout: A Manageable Challenge
Burnout is often seen as a personal shortcoming, but it’s actually a response to prolonged workplace stress. The good news is that, because burnout stems from specific conditions, it can be managed and even prevented. Understanding that burnout is linked to external factors rather than internal weakness empowers you to take control of your well-being and make meaningful ...