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| Businesses supplying goods abroad have to consider what happens if a dispute develops and in particular which country's law will apply.
Every country has its own unique legal system and with different procedural rules and facilities for claiming costs. If UK businesses cannot rely on UK law there could be a long and costly battle should a dispute ever arise. The starting point is that parties supplying goods should have their own written business terms or a contract. They should clearly state that either Scots or English Law (as applicable) governs the agreement. If the contract says that UK law applies and the other party says that their own law should prevail then generally the last piece of correspondence in the chain constituting the contract will prevail. If no choice is made then the law with the closest connection to the contract will generally apply. It is important that parties contracting in other countries have the comfort that they will have effective remedies and a means of enforcement should problems ever arise.
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Macdonald Henderson Limited t/as Macdonald Henderson Solicitors, Registration No. SC284173, Registered Office: Standard Buildings, 94 Hope Street, Glasgow, G2 6PH ©2007 Macdonald Henderson | mail@macdonaldhenderson.co.uk | Small Print | Terms of Business |
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