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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@ -157,7 +157,7 @@ This appendix is not part of the operative license text. It tracks what must be
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| 3 | §1, §2 | Exact scope of "Noncommercial Use" | **[LEGAL]** | `history/260729-TRSL-PriorArt-Survey.md` §3.3 |
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| 4 | §4 | Patent license clause text, review against local patent law | **[LEGAL]** | `history/260729-TRSL-FutureLicense-PatentPrecedent.md` §4 |
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| 5 | §7 | Whether a cured breach should generate a compensating Target Ledger entry | **[OPEN]** | — |
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| 6 | §11.1 | Governing law and venue selection | **[LEGAL, OPEN]** | All 8 jurisdiction/family tasks in `workplans/TREV-WP-0004-global-jurisdiction-research.md` now done (T01–T08); T09 (cross-cutting choice-of-law strategy) and T10 (synthesis) remain open. **China (T06) confirmed a hard constraint**: foreign governing law requires a "foreign-related" contract and is subject to a vague "public interest" override even then — a single global clause will not work for China specifically. |
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| 6 | §11.1 | Governing law and venue selection | **[LEGAL, OPEN]** | All 9 of `workplans/TREV-WP-0004-global-jurisdiction-research.md`'s T01–T09 done; only T10 (synthesis) remains. **T09 revises the China finding**: China has enforced the New York Convention since 1986 (arbitral awards travel via a ~172-state regime) but ratified no foreign-judgment convention — arbitration, not the litigation-focused China rider T06 first recommended, is likely the more promising path for Chinese enforceability. T09 also found arbitration is structurally favored globally for this reason, and recommends drafting clarity-sensitive clauses to satisfy Germany's Transparenzgebot, UK's UCTA reasonableness, and Australia's UCT regime simultaneously. See `history/260729-TRSL-GlobalChoiceOfLaw-Strategy.md`. |
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| 7 | (all) | Full review under German AGB law (Transparenzgebot) and, where applicable, EU consumer-protection law | **[LEGAL]** | `history/260729-TRSL-Jurisdiction-StandardTerms.md` §1–§2 |
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| 8 | (all) | Contributor rights sufficient to grant this License and the Future License (CLA) | **[LEGAL]**, separate deliverable | `history/260729-TRSL-ContributorRights-Research.md` §4 |
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| 9 | (all) | Full specialist legal review in every jurisdiction of intended use | **[LEGAL]** | `specs/TargetRevenueLicenseConcept.md` §21.5 |
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