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Part II Legal Risk and Multistate Litigation, 3 Managing Transaction Risk

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: 24 June 2024

Transaction risk — Multi-state transactions — Rome I Regulation and choice of law
3.01 Litigation presents a financial and reputational risk to businesses irrespective of the substantive outcome. Importantly, however, litigation is a threat to any transaction, and in that sense is an aspect of transaction risk. Through litigation a counterparty may challenge the enforceability of its obligations and defeat the transaction’s commercial purpose. Conversely, litigation, and the associated risks, only occurs because the parties’ substantive rights and liabilities may be disputed. In that sense, the extent to which enforcement of a contract may be...
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