Legal Question in Business Law in Delaware
Employment & Secondment contract - jurisdiction applicable
When a Delaware registered company is managed from Cyprus and has no US activities it is not taxed in the US but in Cyprus. The employees of the company work mostly in the Netherlands. Should the employment contract be drafted under Netherlands, Cyprus or Delaware law. Or can the jurisdiction be chosen? I have the same question for any secondment contracts the company might enter into.
1 Answer from Attorneys
Re: Employment & Secondment contract - jurisdiction applicable
In this multi-jurisdiction situation, it makes sense to include choice of law and choice of jurisdiction provisions in all contracts. I cannot compare Delaware law to law in the Netherlands or Cyprus, but in the United States Delaware law is favored because of the quality and consistency of the decisions of the Court of Chancery, which hears most of the business disputes filed in Delaware.
This is general information for discussion purposes. Please feel free to contact me if you want to discuss your individual situation.
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