Q&As

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]’?

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Published on LexisPSL on 01/08/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]’?
  • Interpretation clause
  • Clause
  • Drafting Note
  • Explanation

What is the effect of the clause, commonly seen in the interpretations section of a contract, which states that: ‘[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]’?

Interpretation clause

Clause

‘1.2

In this agreement:…

…1.2.16

[[a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction;]…’

Drafting Note

‘Clause 1.2.16 might be particularly useful if a party is from a jurisdiction other than England or the subject matter of the agreement will, or may, extend outside England. However, if the drafter is aware of a real risk of legal action in a foreign jurisdiction, the inclusion of this clause is not a substitute for taking legal advice from a lawyer qualified in the relevant jurisdiction.’

This interpretation clause can be found in Precedent: Definitions and interpretation clause.

Explanation

Construction of terms

The definitions and interpretation clause should include all of the individual defined terms that are included in an agreement and all of

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