International - Contract Management
Contract Management: which law shall govern your contracts?
Which governing law should you choose for your company’s contracts — and is it worth fighting for your preferred choice?
We get these questions often.
When available, Swiss law can be an excellent choice. It is codified, relatively easy to understand, available in several languages, and offers contracting parties a high degree of autonomy and predictability. Swiss contract law is also grounded in the principle of good faith, which makes it practical, neutral, and aligned with commercial expectations of fairness and transparency.
That said, governing law should rarely become a dealbreaker. Another jurisdiction may make perfect sense depending on the parties, the transaction, enforcement considerations, and the broader commercial context.
What matters most is getting the dispute resolution mechanism right. Although it often receives less attention than the governing law clause, it is usually the dispute resolution clause that has the greatest practical impact if disagreements arise later.
