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  • 1.

    Is there an obligation to use good faith when negotiating a contract?

  • 2.

    How are ‘battle of the forms’ disputes resolved in your jurisdiction?

  • 3.

    Is there a legal requirement to draft the contract in the local language?

  • 4.

    Is it possible to agree a B2B contract online?

  • 5.

    Are there any statutory or other controls on parties’ freedom to agree terms in contracts between commercial parties in your jurisdiction?

  • 6.

    Are standard form contracts treated differently?

  • 7.

    What terms are implied by law into the contract? Is it possible to exclude these in a commercial relationship?

  • 8.

    Is your jurisdiction a signatory to the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention)?

  • 9.

    Is there an obligation to use good faith when entering and performing a contract?

  • 10.

    What liabilities cannot be excluded or limited by a supplier in a contract?

  • 11.

    Are there any statutory controls on using financial caps to limit liability for breach of contract?

  • 12.

    Are there any statutory controls on indemnities used to cover liability risks in contracts?

  • 13.

    Are liquidated damages clauses enforceable and commonly used in your jurisdiction?

  • 14.

    Are there statutory time limits for paying invoices? Is it possible to agree a different payment period?

  • 15.

    Is statutory interest charged on late payments? Is it possible to agree a different rate of interest?

  • 16.

    What are the civil penalties for failing to comply with statutory interest rate or late payment of invoices?

  • 17.

    Do special rules apply to termination of a supply contract that will be implied by law into a contract? Can these terms be excluded or limited by including appropriate language in the contract?

  • 18.

    If a contract does not include a notice period to terminate a contract, how is it calculated?

  • 19.

    Will a commercial contract terminate automatically on insolvency of the other party?

  • 20.

    Are there restrictions on terminating a contract if the other party is in financial distress?

  • 21.

    Is force majeure recognised in your jurisdiction? What are the consequences of a force majeure event?

  • 22.

    May a supplier subcontract its obligations under the contract without seeking consent from the other party?

  • 23.

    Are there any statutory rules that apply to subcontracting in your jurisdiction?

  • 24.

    May a party assign its rights and obligations under the contract without seeking the other party’s consent?

  • 25.

    What statutory controls apply to the assignment of rights or obligations under a supply contract?

  • 26.

    How may a third party enforce a term of the contract?

  • 27.

    What are the limitation periods for breach of contract claims? Is it possible to agree a shorter limitation period?

  • 28.

    Do your courts recognise and respect choice-of-law clauses stipulating a foreign law?

  • 29.

    Do your courts recognise and respect choice-of-jurisdiction clauses stipulating a foreign jurisdiction?

  • 30.

    How efficient and cost-effective is the local legal system in dealing with commercial disputes?

  • 31.

    Is your jurisdiction a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Which arbitration rules are commonly used in your jurisdiction?

  • 32.

    What remedies may a court or other adjudicator grant? Are punitive damages awarded for a breach of contract claim in your jurisdiction?

  • Updates and trends

Leal Isla & Horváth, S.C. is a boutique with 8 members, established in 2007. Among the areas of specialisation are included commercial law, especially national and international contracts, corporate law, with special focus on private equity, employment law, and international arbitration.

View more information about Leal Isla & Horváth, SC


Monterrey
Blvd. Diaz Ordaz,
Torre II, Piso 20,
Santa María, Monterrey,
Nuevo León,
64650
Monterrey
Mexico
T: +528183154238


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