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

Bounds and Pitfalls When Splitting the Choice of Law

December 2014
InternationalEnergy

Abstract

For most in-house lawyers dealing with international contracts is a daily and ordinary task. In the multi-state context where the contract has a connection to more than one jurisdiction the parties will almost inevitably discuss by which law the contract will be governed, and hence what law should apply in case of disputes or litigation. In this regard, international private law becomes part and parcel of handling international contracts. This area of law contains inter alia the rules relating to the question of what law governs a particular international dispute (lex fori or lex arbitri depending on whether it is a court or arbitration case), irrespective of whether the dispute is based on a contractual or delictual claim. The focus of this paper will be contractual claims between the parties to an international contract. Moreover, the paper will approach the topic from the angle of Danish law.

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Author

Portrait image of Andreas Schønbeck
Andreas Schønbeck
Attorney-at-law, Vestas Wind Systems A/S, Denmark

Andreas Schønbeck graduated from University of Copenhagen, School of Law, in 2009, after which he joined the Group Legal department in the Danish wind turbine manufacturer Vestas Wind Systems. He was admitted to the Danish bar in 2012. In his current position he supports Vestas Wind Systems’ Global Sourcing, Technology R&D and Marketing and Communication departments and the company’s supply chain and general legal matters. In specific the job is heavily based on contracts and all matters deriving from contracts, hereunder drafting, negotiating and managing contracts as well as disputes and settlements and strategic issues related thereto. In parallel with the above he is an external lecturer in Commercial Law at the University of Aarhus and writes legal papers. He is furthermore the author of a text book concerning non-disclosure agreements and is currently working on a text book manuscript about product liability and the contractual handling thereof.

Company

Vestas Wind Systems A/S

Vestas Wind Systems is the only global energy company dedicated exclusively to wind energy. The company was founded in 1898 as a blacksmith shop in western Denmark, and it started producing wind turbines in 1979, and has since gained a market-leading position with more than 64 GW of installed wind power and more than 42 GW under service globally. With installed wind turbines in 73 countries around the world, we have considerable experience in all the key disciplines – engineering, transportation, construction and operations and maintenance. Our projects have covered every kind of site, from high altitude to extreme weather conditions. The company has installed more than 52,000 turbines on six continents, which generate more than 90 million MWh of energy per year. The Company employs 19,500 employees globally and has offices in 24 countries.

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