The only constant in the world is change. We see it all around us. In the seasons that the planet experiences to the pace at which technology develops replacing the old and making it obsolete. Our world as we experience it today is a result of history. There are many aspects that shape our world, some of the prominent factors being climate, war, economy, peace and prosperity - all of which are linked intrinsically to the way in which a country or economy grows. When an economy does well because natural factors are aligned in its favor, it flourishes. And with it, flourish the lives of the people that belong to that economy. It is better able to command itself over fellow economies and mould the trade systems of the world in its favor. The collective and majority will of its people can reach beyond its borders. As a result, the laws it develops not only help it prosper but ensure that its impact is felt all around the world.
When I started negotiating my first technology contracts in 2007 - based out of Bangalore, India, I found myself looking at contract clauses and concepts which I hadn’t studied at my law school in India. Our in-house department fought tooth and nail to secure a favorable “Limitation of Liability Clause” but ironically, when I tried to check the jurisprudence on the topic in India - I came upon zero cases. This rather alien concept had come across from the Silicon Valley in the US and today sits in every one of our technology contracts. We had chosen to take templates that originated in the Silicon Valley, tweak a few clauses on jurisdiction and governing law, and insert references to local legislations on intellectual property law and we had our very own Indian technology contracts.
この記事は Legal Era の December 2019 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です ? サインイン
この記事は Legal Era の December 2019 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です? サインイン
If You Think Positive Covid Is A Big Opportunity
Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…
PROJECT DEVELOPMENT
JOINT VENTURE TRANSACTIONS
NEW ARBITRATION RULES
PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)
M&A in the time of COVID and beyond
What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied
SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD
Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required
JOINT VENTURE DISPUTES MEDIATING
Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.
Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA
A TEST CASE IN THE MAKING?
CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE
Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations
ESSENTIAL GOODS SERVICES UNDER IBC
WHAT DOES IT ESSENTIALLY MEAN?
A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE
A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE
