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The issue of enforceable laws in different jurisdictions

| Jun 13, 2016 | Criminal Defense

From major to minuscule, you have made every effort to cover your assets and have a contract drafted for every deal and negotiation. Even still, if you have a deal that could fall through because it cannot be enforced within a certain jurisdiction based upon the laws governing that area, you could be at a real risk. 

This is why it is absolutely essential that when you draft any contract you adhere to the law governing both parties, in each of their jurisdictions. The sometimes major and other times subtle differences in law may seem irrelevant or inconsequential but they can have a major effect if ever there comes a time when the contract’s provisions need to be enforced. Sometimes, no amount of careful drafting will make some provisions work. If they are illegal or in violation of common law, public policy or statutes, the contract cannot be enforced and could essentially be considered invalid.

With international business deals, you have to understand you what you need from the other party and anticipate how their laws could also change and affect your future and the future enforceability of your contract.  

This is a particular issue when you are conducting international business and you must rely on vendors or partners in other countries to uphold their end of a deal in order for operations to run without a hitch. When provisions cannot work you will need to work with an attorney in New York that is knowledgeable in business litigation. Your New York attorney may be able to come up with provisions that can still serve the primary purpose of keeping your company protected but will hold up as enforceable in significantly different jurisdictions.