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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7856
Experience:  English solicitor with over 12 years experience
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My company are taking on a new client based in California

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Hi, my company are taking on a new client based in California but we are based in the UK so I drew up the consultancy agreement to be under the exclusive jurisdiction of the courts of England and Wales. The Client's attorney however has amended it to be be governed by the laws of the State of California.
JA: Where are you? It matters because laws vary by location.
Customer: London, england
JA: What steps have you taken so far?
Customer: I am about to reply to the attorney stating that as we are the company preparing the agreement and they are our client, I believe that the agreement should be governed by our local law but I just wanted validation that this is in fact correct
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello,

I am a solicitor and will help you today.

Generally, parties to a contract have the freedom to choose which jurisdiction's laws would apply to the contract. You may both agree on English law or Californian law as the governing law of the contract.

However, it would be to your advantage to insist on English law as you are in the UK and familiar with English law, it would be very costly for you to submit to Californian law were a dispute to arise.

May I help further?

Customer: replied 7 days ago.
Thank you for the helpful response!
My question is how can I communicate that we would like to stick with English law as it is our local governing law in a way that an attorney will understand? For context I'm a head of HR not a counsel so I'm conscious of insisting in a way that makes sense

It is a commercial negotiation point, so you should simply write back and insist that the governing law be retained as English law as your business is based in the UK and you will be providing services from the UK, so English law would have the closest connection and application to your service.

All the best

UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you very much!

You are welcome.