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"English Clauses," Most-Favored Customer Clauses And First-Refusal Clauses In International Contracts

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Chapter Summary

This chapter deals with two situations (force majeure and hardship) where the occurrence of new circumstances leads to reconsideration, and often to re-adaptation of the contract. It discusses the successive examination of English clauses, most favored customer clauses and first-refusal clauses based on a sample of more than 60 clauses, will enable the nature and economic role of each of those clauses to be better defined. The chapter examines their respective structures, and highlights the main pitfalls to avoid in their drafting. The clauses, which have just been considered, fall, in principle, within the ambit of freedom of contract, a fortiori, when they are included in international contracts. The chapter concludes by setting out three specific legal problems that such clauses are apt to raise.

Keywords: english clauses; first-refusal clauses; international contracts; most-favored customer clauses



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