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International commercial contracts - a cautionary tale

Overview

The recent case of Kingspan Environmental Ltd v Borealis A/S and Borealis UK Limited concerned the supply of a polymer by a Danish seller to an English purchaser. The case serves as a warning to parties contracting in an international context.


Eversheds looks in detail at the facts and decision of the case and outlines i) why parties should ensure that they have clarity on what law governs both contractual and noncontractual claims; and, ii) why particular care should also be taken when standard terms & conditions are involved in arrangements which have an international dimension.


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Categories related to Cross-border: Commercial and International Trade