Published on:
25 Feb 2025
3
min read
Image credit: Vlad Dediu; https://www.pexels.com/photo/men-fighting-in-the-ring-2581662/
On child-friendly activities, contractual releases, and choice of forum: part 6 (the end!)¹
The story so far:
- brought my kids to a temporary indoor playground in a mall;
- had to fill in an online waiver form before unleashing my brood;
- actually bothered to read the legalese; and
- am now letting my nerd flag fly.
--
In this post, we'll conclude with a couple more things to look out for when entering into cross-border contracts and transactions.
2️⃣ Pay particular attention to your dispute resolution clauses.
I have previously written at length² about how dispute resolution clauses are commonly overlooked, despite their central importance if a dispute arises.
I won't repeat myself here.
And if you think that you don't need to pay attention to these clauses, because you'll never have to deal with a dispute...
...heck, why even bother with written contracts? You might as well conclude all your deals with a handshake and a verbal promise.
Also, do leave a comment or drop me a DM, and I'll check in with you regularly over the next few years, so you know who to look for when something blows up.
Ultimately, it's a numbers game. Do enough deals, and one day, one of them will go wrong.
And if that day comes, you'll want the dispute resolution clause to point to a battleground and ruleset that favours you.
3️⃣ If the transaction is a big deal to you, get legal advice.
(shocked pikachu face)³
Look, I'm not saying that we should engage lawyers for every single contract we enter into. After all, it hardly makes sense to consult lawyers when, say:
a) signing up for a mobile phone plan with a telco;
b) opening a new personal bank account; or
c) dropping your car off at a workshop to get the tires replaced.⁴
But think of legal advice the same way you think about, say, insurance.
You wouldn't insure, for example, a lunchbox.⁵
But you'd probably insure your home.
So, if the deal or item in question is valuable enough to you...
...get legal advice.
Heck, it costs you nothing to obtain a proposed scope of work and fee estimate.⁶
But it could save you a world of trouble.
--
So, uh, a confession.
I didn't expect this series to run for so long, or to take a turn towards cross-border commercial disputes. I just thought I'd have some fun taking the mickey out of some poorly-drafted clauses.
But, hey. Sometimes you write the story. Sometimes, the story writes itself.
Thank you for joining me on this ride. Until the next one.
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ Part 1: https://www.linkedin.com/posts/khelvin-xu_footnotes-law-contract-activity-7282244823066058752-ygx_
Part 2: https://www.linkedin.com/posts/khelvin-xu_footnotes-law-contract-activity-7285506099489779712-LvC6
Part 3: https://www.linkedin.com/posts/khelvin-xu_footnotes-law-contract-activity-7289495142959398913-FPJ-
Part 4: https://www.linkedin.com/posts/khelvin-xu_footnotes-law-contract-activity-7293511467390185472-LjHn
Part 5: https://www.linkedin.com/posts/khelvin-xu_footnotes-law-contract-activity-7295659637092012032-6Qij
² Part 1: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7019187595947495424-PiCW
Part 2: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7021374959444787200-3ME0
Part 3: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7024225354437337088-qMwv
Part 4: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7026040044956049408-Bi-x
Part 5: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7029660220008120320-l-Ge
Part 6: https://www.linkedin.com/posts/khelvin-xu_disputeresolution-jurisdiction-designthinking-activity-7031117722432253953-xfIV
³ Yes, I'm obviously biased. So sue me.
⁴ After all, these activities all involve entering into contracts, whether written or oral.
⁵ Unless it's, I don't know, made of solid gold or something. And if so: why? Don't you have better things to do with your money?
⁶ Or at least, that's how I do things.