Can an agreement to negotiate be a valid contractual obligation?
24 August 2022
In this article, Stephen Alexander and Andrew Bridgeford, look at the enforceability of an agreement to negotiate as a matter of both English and Jersey law. Agreements to negotiate in good faith are often included by commercial parties in a variety of contexts, including heads of agreement, clauses for price review in the event of a change in circumstance, and mechanisms for the resolution of disputes before they go to arbitration or litigation.
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Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.