Originally posted by Dearnla
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Previously on "Should an agreement for UK work be governed by French law?"
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Originally posted by sgkconsulting View PostHi All
I'm about to sign a sub-contractor agreement with a French company to do work on their behalf, mainly in the UK.
Their agreement is governed by French law but I'm challenging it and argueing that as the work will be done (mainly) in the UK by a UK company, the agreement should be subject to English law.
Am I right? What are the implications of accepting it being governed by French law?
Thanks
Steve
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Originally posted by sgkconsulting View PostAm I right? What are the implications of accepting it being governed by French law?
AIUI, the implications of it being governed by French law is that any dispute will likely be heard in a French court where you will have to stay during the case and pay a French lawyer who will explain that certain simple self evident "realities" do not in fact apply under French law and you are wholly in the wrong and have been from birth.
So if you feel that your product has a sufficient presence in the market to justify these same disadvantages in reverse as faced by your customer, then you can stick to the position that English law should prevail. And if they feel the same way then they will say "yes".
Alternatively, if it's just another BOS contracting job then they will just sack you when they're bored looking at your sorry *rse as normal, and you can treat it as just another contract.
IMHO, it's more important to ensure it's your company name on the contract rather than your own so if it all goes tulipe then only your life's work goes down the drain, not your house and car and all.
Boo
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Should an agreement for UK work be governed by French law?
Hi All
I'm about to sign a sub-contractor agreement with a French company to do work on their behalf, mainly in the UK.
Their agreement is governed by French law but I'm challenging it and argueing that as the work will be done (mainly) in the UK by a UK company, the agreement should be subject to English law.
Am I right? What are the implications of accepting it being governed by French law?
Thanks
SteveTags: None
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