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Part I Introduction, 1 Introduction

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Subject(s):
Transaction risk — Litigation risk — Forum non conveniens — Costs — Multi-state transactions — Jurisdiction under the Brussels I Regulation
1.01 Commercial activity depends on the assessment and management of risk. Risk determines transaction costs, and the willingness of the parties to contract. Some risks are financial, concerning a counterparty’s credit-worthiness or solvency. Others are legal, concerning the effectiveness of a transaction, the nature of the remedies for default, and the enforcement of those remedies. This is true of domestic transactions as much of multistate transactions—those involving a foreign counterparty or performance abroad. But the legal risks involved in multistate...
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