What Is An Agreement Clause
As with any other clause, they are always interpreted as part of the overall contract. However, in the design phase, it is risky to rely on the Tribunal adopting a more comprehensive view of the interpretation of the standard basic rules (such as the fact that the decision was overturned in November 2018 in the context of an appeal). It is better to include the standard exclusion for misrepresentation and avoid any conflict of nat. In addition, the parties could usefully verify whether there is relevant pre-contract conduct between the parties or a use that could be excluded by a full contractual clause. Consider the scenario in which a long-term contract is renewed and the parties sign an « modified » or « replicated » agreement.