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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Negotiating and Drafting an Agreement from a Swedish Law Perspective in Comparison with Agreements Drafted in Common Law Jurisdictions

September 2011
ContractRetail

Abstract

As in-house counsels working in an international environment, we face the daily challenge of drafting agreements in English that may be ruled under the law of a foreign jurisdiction. Combining an unknown jurisdiction with English legal language turns negotiation and drafting of agreements in accordance with the chosen governing law into a more complex task. Therefore, this article will focus on the considerations to be taken when negotiating and drafting an agreement from a Swedish Law perspective in comparison to agreements drafted in Common law jurisdictions or other civil law systems. Moreover, this article will investigate how Swedish Courts have interpreted certain English legal terminology and concepts imported from Common law into Swedish contract drafting. Finally, this article will draw some conclusions on how to improve drafting in Sweden of contracts with foreign elements in an international environment.

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Author

Portrait image of Silvina Peñaloza Isacson
Silvina Peñaloza Isacson
Head of Legal Northern Europe, BSH Home Appliances, Sweden

I have several years of experience working as In-house counsel in Sweden. Fields of expertise are contract law, intellectual property law, competition law, marketing law, consumer law and company law. I am currenlty working at BSH Home Appliances AB being responsible for the Legal Department Northern Europe since 2012. Prior to join BSH, I worked at Ericsson and Sony Ericsson as In-house counsel mainly dealing with complex agreement drafting and negation internationally.

Company

BSH Home Appliances logo

BSH Home Appliances

The BSH Home Appliances Group is the largest manufacturer of home appliances in Europe, and the second largest globally. BSH Home Appliances AB, Sweden acts as a regional headquarter for Northern Europe and is responsible for all BSH affairs in Sweden, Denmark, Norway, Finland , Iceland, Estonia, Latvia and Lithuania. BSH Northern Europe sold more than 3,2 million appliances in 2017 and has a market share of 27,5%.

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