Governing Law Definition | Legal Glossary | 亚洲色情网

Governing Law Definition | Legal Glossary | 亚洲色情网

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GLOSSARY

Governing Law definition

/藞伞蕦v(蓹)n瑟艐/ /l蓴藧/

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What does Governing Law mean?

Governing law is the law stipulated in a contract to determine a dispute. Where there is no valid governing law clause, the law to be applied, the applicable law, will be determined in accordance with the relevant regulation, convention, legislation or common law rules.

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Ireland鈥擠etermining jurisdiction in civil litigation鈥攃hecklist

Ireland鈥擠etermining jurisdiction in civil litigation鈥攃hecklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: 鈥� which specific court an action should be raised in, see Practice Note: Ireland鈥擲tarting a civil action 鈥� other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland鈥擲tarting a civil action and Ireland鈥擯re-action conduct, and in initiating and case managing a civil claim, Ireland鈥擯rogressing and managing a High Court civil claim respectively 鈥� other aspects of Irish civil litigation, see: Ireland鈥擜lternative dispute resolution and settlement鈥攐verview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

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Commercial contract review and execution (business personnel)鈥攃hecklist

Commercial contract review and execution (business personnel)鈥攃hecklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review鈥攃hecklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

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View the related practice notes about Governing Law

Bridge to bond facilities

Bridge to bond facilities What are they? A bridge to bond facility is a type of acquisition financing where the buyer requires the certainty of a fully committed financing package, but which is intended to be replaced in the future with a mid- to long-term financing in the form of high yield bonds. In markets where acquisitions typically do not have a financing condition, a bridge financing package (which is available to be drawn if necessary) is often a key component to a successful bid. This Practice Note focuses on bridge to high yield bond financing. However, investment-grade borrowers also commonly use bridge facilities for acquisitions. Bridge commitments for investment-grade borrowers differ in many ways, including: lower pricing, much less restrictive covenants (the terms often follow the borrower鈥檚 existing credit facilities) and the securities demand mechanic may not be included (or if included, it may only be triggered by ratings downgrade). Bridge commitments for investment grade borrowers may also have longer maturities (or extension rights exercisable by...

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Structural considerations for Part 26A restructuring plans

Structural considerations for Part 26A restructuring plans Statutory provisions on jurisdiction and sufficient connection/discretion At the convening hearing, before an English court will consider a Part 26A restructuring plan (RP), it will ascertain whether it has jurisdiction to do so. Part 26A of the Companies Act 2006 (CA 2006) applies to companies liable to be wound up under the Insolvency Act 1986 (IA 1986) (see CA 2006, s 901A(4)(b) and Re Virgin Atlantic applying DAP Holding NV and Re PizzaExpress). 鈥楥ompanies liable to be wound up under IA 1986鈥� is a similar definition to that used for schemes of arrangement, and for both schemes and RPs includes unregistered companies and foreign companies. Additionally where foreign companies are involved and when considering its discretion to sanction an RP, a court will only exercise jurisdiction over a foreign company if it has a sufficient connection with this jurisdiction (see scheme case, 聽Re Drax Holdings as applied to RPs by Snowden LJ in Re Smile Telecoms Holdings). Note this...

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Facility letter (term loan): single company borrower鈥攂ilateral鈥攗nsecured

Facility letter (term loan): single company borrower鈥攂ilateral鈥攗nsecured [TO BE PRINTED ON THE HEADED PAPER OF THE LENDER] [insert name and address of borrower] [insert date] Dear [insert full name of borrower] We offer to place at your disposal a Sterling loan facility in the aggregate principal amount of 拢[insert amount in figures] ([insert amount in words] Sterling) [for the purpose of [insert details]] on the following terms and conditions: 1 Definitions 1.1 In this letter, unless otherwise provided: Base Rate 鈥� means the base rate of [the Lender OR [insert name of Bank]] for the time being and from time to time; Borrower 鈥� means [insert name of company], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Business Day 鈥� means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment Expiry Date 鈥� means the earlier of the date falling [insert number]...

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Individual image release waiving rights in photographs

Individual image release waiving rights in photographs From: [insert name and address of individual] To: [insert name and address of photographer] Date: [insert date] This Release relates to photographs of me taken on [insert date] at [insert location and/or event name] (鈥楶hotographs鈥�). In consideration of the payment of [insert amount or form of payment] (the receipt of which I acknowledge) I warrant, confirm and agree with you as follows: 1 You have the irrevocable right to use, publish, reproduce, display or otherwise exploit the Photographs [for a period of [insert time period]] from the date of this Release, for the following purpose[s]: 1.1 [public display [specify event if appropriate]] 1.2 [non-commercial publication in any media[, including social media] ] 1.3 [commercial publication in any media[, including social media] ] 1.4 [for the purpose as specified in the Schedule] 1.5 [any purpose without limitation] 2 You shall have the right to edit, modify, crop, add to or subtract from the Photographs at your entire discretion and without my approval[...

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Dive into our 245 Precedents related to Governing Law

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If a transaction is concluded entirely virtually, with parties executing in multiple jurisdictions, is there a default rule on which jurisdiction is the one where the transaction will be deemed executed or completed?

If a transaction is concluded entirely virtually, with parties executing in multiple jurisdictions, is there a default rule on which jurisdiction is the one where the transaction will be deemed executed or completed? This Q&A assumes that: 鈥� the question relates to a business-to-business transaction 鈥� the question relates to a contract which has been drafted and negotiated in the traditional way and is not an e-commerce transaction entered into between parties via website terms and conditions 鈥� the question relates to the execution of a simple contract 鈥� the question relates to the law of England and Wales Contract formation General principles of contract law apply to contracts formed virtually. A simple contract (in the absence of any specific legal requirements regarding the form of the relevant arrangement) may be made: 鈥� in writing (including via electronic documents) 鈥� by word of mouth 鈥� by conduct 鈥� by a combination of writing, word of mouth and conduct A simple contract (whether made electronically or in any other manner) may...

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What details should a company record in the PSC register?

What details should a company record in the PSC register? A company鈥檚 people with significant control (PSC) register must never be empty. The company must, using the prescribed wording, update its register as regards any general circumstances or investigative steps that it is currently engaged in. This may be as simple as confirming that there are no registrable PSCs or RLEs in relation to the company. It is therefore likely that any register should have an open section in which to record such information. Once a particular PSC or RLE comes forward or is otherwise identified (or being actively investigated), it would seem appropriate to open up a ledger or account against that individual or entity's name. Information required under CA 2006, s 790K can then be entered accordingly, as can any other official wording as to the investigation or enforcement process in relation to that individual or entity: 鈥� Required particulars (including type of control): 鈼� PSCs: name, date of birth, nationality, country or...

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How international arbitration could factor in tariff dispute resolution

Law360: With the Trump administration's emphasis on tariffs, including introducing tariffs against the U.S.' three biggest trading partners and advocating for an External Revenue Service to collect tariffs and other foreign revenue, members of the business world face increasing uncertainties as they assess and renegotiate the cost of doing business and obligations under a changed economic and political landscape, increasing the likelihood of contract disputes.[1]

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Commercial weekly highlights鈥�17 April 2025

This week's edition of Commercial weekly highlights includes: analysis of the Digital Markets, Competition and Consumers Act 2024鈥檚 consumer regime and how it will apply to businesses making false or misleading environmental claims, the Commercial Court鈥檚 decision in Cohen v RiverRock European Capital Partners LLP which rejected the defendants' arguments that the repayment terms contained in the Memorandum of Understanding were not legally binding, and news that the Cabinet Office has updated its Procurement Policy Note 009 on tackling modern slavery in government supply chains.

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