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Q5:First, the choice of English law may be based on the fact Digion is familiar with this body of law due to being headquartered in London.Second, similar to New York law, English law provides a market standard that spans across many countries, especially English-speaking ones. English law is also known to be business-friendly; for example, it prioritises freedom of contract and so English judges often take a more hands-off approach in favour of party autonomy.Finally, since the SPA is based on Digion’s terms (5.3 “...the initial draft of which will be prepared by the Buyer's advisers”) it’s likely any ambiguities in Digion’s terms may be questioned if any post-acquisition disputes arise. Therefore, a single, exclusive jurisdiction chosen beforehand is helpful for Digion as they can have more certainty as to how their terms will be interpreted i.e., in accordance with English law. Judicial precedent is not only extensive due to the long history of Chancery law, but the common law doctrine in England means English judges are more consistent and predictable in their approach compared with other jurisdictions.
Q5:
First, the choice of English law may be based on the fact Digion is familiar with this body of law due to being headquartered in London.
Second, similar to New York law, English law provides a market standard that spans across many countries, especially English-speaking ones. English law is also known to be business-friendly; for example, it prioritises freedom of contract and so English judges often take a more hands-off approach in favour of party autonomy.
Finally, since the SPA is based on Digion’s terms (5.3 “...the initial draft of which will be prepared by the Buyer's advisers”) it’s likely any ambiguities in Digion’s terms may be questioned if any post-acquisition disputes arise. Therefore, a single, exclusive jurisdiction chosen beforehand is helpful for Digion as they can have more certainty as to how their terms will be interpreted i.e., in accordance with English law. Judicial precedent is not only extensive due to the long history of Chancery law, but the common law doctrine in England means English judges are more consistent and predictable in their approach compared with other jurisdictions.
