Country governing a contract

Jase · #1 14-02-2010, 08:45 PM

Does it really make much difference on a contract if the country listed for governance of a contract is Ireland rather than England? The company we are in contract negotiations with at the moment have their EMEA HQ in Ireland and want the contract to be governed by the laws of Ireland whereas we are asking for English law as we are based in England and the site we are servicing is in England.

Aside from the obvious (i.e. if we need to sue for breach of contract or vice versa it would all be done in Ireland and be subject to their laws etc) is there anything major to worry about?

Thanks

Jase

IP · #2 14-02-2010, 09:04 PM

The question you really need to ask yourself is "Would it be worth pursuing legal action if they breached their contract in the first place?" or vice versa.

When the law first came in I pondered that question... I concluded it would not be worth fighting for either party and ever since it was introduced I am unaware of a single case where it has occurred.

If you are totally risk adverse (which I don't suspect you are) don't go for it, but I personally would not lose any sleep over it.

Country governing a contract

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