Commercial contracts form the bedrock of corporate transactions, requiring absolute precision to ensure the intended commercial outcomes are protected. The fact that courts rigorously enforce the literal written text of an agreement even when a party claims the language does not reflect their true intentions is often underestimated. When sophisticated corporate entities negotiate agreements, the... Continue Reading →
By: Archana Balasubramanian Introduction A Change-in-Law clause is not a guarantee of compensation but is an evidentiary structure that fails the moment a company prioritizes financial certainty over contractual discipline. The Change-in-Law problem does not sit inside a legal debate about constitutional validity because the core struggle is not about whether a law is “fair,”... Continue Reading →
By: Archana Balasubramanian Companies building with artificial intelligence tools face a specific challenge during early-stage fundraising. Venture capital diligence now includes detailed review of AI and machine learning procurement contracts. The questions being asked have become quite specific: Who owns the IP when AI generates outputs? How is data processing handled under the Digital Personal... Continue Reading →
In a globalized economy, distribution agreements are the backbone of international trade, facilitating the seamless delivery of goods and services across borders. These agreements are pivotal across a spectrum of industries, each with unique challenges and priorities. In the ecommerce industry, agreements are crafted to protect brand exclusivity while ensuring timely market access. Pharmaceuticals demand... Continue Reading →
In today’s unpredictable business landscape, corporate insolvency presents significant challenges, particularly for businesses with critical supplier relationships. The ability to maintain and manage these relationships during financial distress is essential for ensuring operational continuity. This article explores strategies to mitigate risks associated with supplier contracts during corporate insolvency, emphasizing how companies can renegotiate or terminate... Continue Reading →
Drafting an arbitration clause or drafting a complete arbitration agreement is similar to drafting any other agreement i.e., it involves review and analysis of all different facts and permutation and combination to achieve the object of the parties. A sample arbitration clause may not be sufficient or effective to capture the intentions of the parties.... Continue Reading →
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