Complete WP-0004 T09: global choice-of-law and dispute-resolution strategy
Cross-cutting research (New York Convention enforceability, neutral-seat arbitration practice, and a consolidated drafting principle) revises the China finding from T06/TREN-T06: China has enforced the New York Convention since 1986 (arbitral awards travel via a ~172-state regime with limited refusal grounds) but has ratified no foreign-judgment convention, relying on patchy bilateral treaties and evolving reciprocity for court judgments specifically. Arbitration, not the litigation-focused China rider previously recommended, is likely the more promising enforceability path for a Chinese Customer - and for the Enforcement Partner Agreement too, per a cross-reference added to specs/EnforcementNetworkConcept.md. Also produces a consolidated drafting principle: write clarity-sensitive clauses to satisfy Germany's Transparenzgebot, UK's UCTA reasonableness, and Australia's expanded Unfair Contract Terms regime simultaneously, since research this program has already found separately shows none of the three reduces to another. Updates License Appendix A item 6 and CUA Appendix A item 1 accordingly. WP-0004 now has 9 of 10 tasks done; only the human-gated T10 synthesis remains. Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
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@ -184,7 +184,7 @@ All eight jurisdiction/family tasks are now complete. The pattern is more varied
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1. **50% is not a safe global default anywhere except the UK.** Most jurisdictions cap meaningfully lower (18–35%), several ban direct lawyer contingency outright, and the "with risk assumption" pattern that unlocks higher percentages (Argentina) or avoids professional-conduct problems entirely (Germany, India, Australia) recurs often enough that the split-role Litigation Funder structure should probably be the **default** EPA option, with single-role as the jurisdiction-specific exception — the reverse of how the concept was originally framed in §8.
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2. **The split-role structure is not universally safe either.** Japan's Article 12 fee-splitting rule is the first finding in this program suggesting the Funder/Counsel split needs jurisdiction-specific structuring, not just jurisdiction-specific *availability* checking.
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3. **China likely needs a dedicated EPA governing-law rider**, not just a dedicated fee structure — the same foreign-related-contract constraint found in `workplans/TREV-WP-0004-global-jurisdiction-research.md` T06 applies to the EPA itself.
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3. **China likely needs a dedicated EPA governing-law rider**, not just a dedicated fee structure — the same foreign-related-contract constraint found in `workplans/TREV-WP-0004-global-jurisdiction-research.md` T06 applies to the EPA itself. **Update (T09, `history/260729-TRSL-GlobalChoiceOfLaw-Strategy.md`):** arbitration, not litigation, is likely the more promising path here too — China has enforced the New York Convention since 1986 for arbitral awards, unlike foreign court judgments, which it has no equivalent convention for. Not yet confirmed whether an Enforcement Action under this concept would itself be arbitrable rather than requiring litigation.
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Finding 1 above — that a flat 50% is unsafe almost everywhere — is exactly what §13's Global Contingency Share Determination Rule (added 2026-07-29, at the Licensor's request) is designed to handle systematically rather than jurisdiction-by-jurisdiction improvisation.
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