A US party will likely require that the Governing Law of their contracts be in the US. When entering into US contracts and/or partnership agreements with US companies, we can have our in-house US counsel and commercial team review and advise on your agreements.
Case Study
The Texas freeze of February 2021 caused a major petrochemical producer (“Producer”) to declare a Force Majeure and opt to not fulfill their contractual production commitments to a non-US based trading company ("Trading Company"). As was usual in the industry, Trading Company had already sold the promised product that they purchased from Producer and therefore had their own contractual obligations for the delivery of that same product. Through no fault of their own, Trading Company was facing a potential default on their delivery obligations to their customer.
On behalf of Trading Company, we were able to review their contractual obligations, explain the liabilities to management within the applicable Texas laws, and provide a series of possible outcomes for when negotiating with Producer about how to move forward. Having known their options within the applicable Texas law, Trading Company management was able to negotiate an amicable commercial solution.
A common hesitancy in working with American entities stems from the litigious culture of American business and the legal risk associated with working in the United States. We can help.
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