Should an agreement for UK work be governed by French law?

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Ignis Fatuus replied

30 September 2010, 16:01
Originally posted by Dearnla View Post

You are - there is no such thing.

Nor UK law either.
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Dearnla replied

30 September 2010, 14:51
Originally posted by pmeswani View Post

EU law as well. I hope I am wrong on this.

You are - there is no such thing.
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pmeswani replied

30 September 2010, 14:47
Originally posted by sgkconsulting View Post

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

Steve

The question is are you doing work for the French Company who are wholey residing in France? If so, you have to comply with French Law as well as UK Law. But it may get extended to EU law as well. I hope I am wrong on this.
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Boo replied

30 September 2010, 14:27
Originally posted by sgkconsulting View Post

Am I right? What are the implications of accepting it being governed by French law?

It's got nothing to do with being right or not, it's simply what you can negotiate in a commercial transaction.

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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sgkconsulting started a topic Should an agreement for UK work be governed by French law?

30 September 2010, 10:05
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

Steve
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