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Governing Law Jurisdiction Provision

March 7, 2023
Law

Introduction

A governing law clause assigns the state whose law will be applied in the event of a lawsuit.
A jurisdiction clause determines where the lawsuit must be filed.
These clauses are often combined into a single provision in the contract.

Why should this clause be included in a contract?

Governing law provisions allow the parties to a contract to agree that a particular state’s laws will be used to interpret the contract if there is ever a dispute. The drafting party may provide that a particular state’s law be applied in the event of a lawsuit because that state’s law is favorable in some way to that party. For example, large corporations often choose Delaware law because its laws often favor corporations.

Jurisdiction clauses are important to include in every agreement because they govern where the parties will have to go to resolve a lawsuit. The parties may reside in different cities or states so it is in the best interest of the party that drafts the agreement to include a jurisdiction clause that specifies the jurisdiction that is most convenient for the drafting party.

Examples:

Governing law clause: This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

Jurisdiction clause:
Any legal suit, action or proceeding arising out of or based upon this Agreement may be instituted in the federal courts of the United States of America or the courts of the State of Texas in each case located in the City of Sugar Land and County of Fort Bend, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Conclusion

Governing law provisions allow the parties to a contract to agree that a particular state’s laws will be used to interpret the contract if there is ever a dispute. Jurisdiction clauses are important to include in every agreement because they govern where the parties will have to go to resolve a lawsuit.


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Full-service law firm concentrating on private equity, mergers & acquisitions, real estate, and general corporate law. We have served businesses of all sizes, from startups to established companies.

Practice Areas

  • Private Equity
  • Mergers & Acquisitions/Structuring
  • Real Estate Transactions
  • General Corporate Law

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  • Privacy Policy
  • Cookie Policy
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  • (713) 401-9777
  • 800 Bonaventure Way, Ste 132 Sugar Land, Texas 77479

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Practice Areas

  • Private Equity
  • Mergers & Acquisitions/Structuring
  • Real Estate Transactions
  • General Corporate Law

Our Polices

  • Terms & Conditions
  • Privacy Policy
  • Cookie Policy
  • Site Map

Contact Us

  • contactus@ramlawfirm.com
  • (713) 401-9777
  • 800 Bonaventure Way, Ste 132 Sugar Land, Texas 77479

RAM Law Firm © 2023. All Rights Reserved. Powered by Technoholic Advance Solutions