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Articles

Assessing the Judge’s Adjustment Power Over Liquidated Damages Clauses (Europe)

By Damian Songowicz, Xue Yang Geng, Hannah Fox and Pierre Mousseron, University of Montpellier, Centre du Droit de l'Entreprise, Program of Master 2 "Droit du Commerce International"

The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.

Articles

Top Ten Reasons to Invest in Romania

By Alina Radu, Laura Spataru-Negura and Ana-Maria Ionescu

This Top Ten provides a brief overview of some of the most attractive reasons a foreign investor should take into consideration when deciding to invest in Romania. From a business standpoint, information on the following areas could raise the interest of a potential investor in Romania.

Articles

How to Respond When Other Party's Conduct Will Delay Negotiations: Part II

By Alan G. Fishel

There are many actions that the other party may take during a negotiation that, whether inadvertent or intentional, can help delay or derail the process if you don't respond properly. Here is a second set of ten such scenarios, followed by some brief summary comments regarding how you may wish to respond in each instance.

Articles

Top Ten Tips in Drafting and Negotiating International Contracts

By Kenneth A. Adams, Author of A Manual of Style for Contract Drafting, and René Mario Scherr, Regional General Counsel, South Asia, East Asia & Oceania, Tetra Pak

This short article offers ten practical tips for drafting and negotiating international agreements.

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