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Interpretation Clauses

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Chapter Summary

True to its objectives, the working group on international contracts looked at interpretation clauses in international commercial contracts from the perspective of international contract draftsmen. An analytical way of describing interpretation clauses is used since this has the advantage that the various elements of these clauses are emphasized and are given extensive attention. To fully understand interpretation clauses, one should seek an overall perspective including their various elements, their context, the applicable law and the factual background of the circumstances in which these clauses have been or are to be used. Some interpretation clauses in international commercial contracts tend to be standardized to a large extent; their contents and wordings are often similar. Such clauses may be characterized as boilerplate clauses that are copied from one contract to another not only within the same company or law firm but also across the legal profession and across borders.

Keywords: boilerplate clauses; international contract draftsmen; international contracts; interpretation clauses; legal profession



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