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

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.