Matthew Clapham
1 min readSep 12, 2023

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One thing that amazes (or should amaze) me is that there is no equivalent of the Incoterms clauses for international shipping when it comes to commercial contracts.

Most stuff seems to come down to one of just a few options in terms of defining terms and apportioning liability. I'm sure that a huge amount could be done Chinese takeaway style from a small set of off-the-peg options: I'll have an NDA 13, a force majeure 18, a sanctioned persons 37 and a side of fried rice.

I can only assume this doesn't happen because of the sacred Wizard of Oz/Emperor's New Clothes mystery that the legal profession maintain.

If the curtain hasn't been pulled back and the little boy hasn't piped up yet, I'm not sure even the AI kerfuffle will make a difference.

Presumably some of it is also down to clients not actually reading what their lawyers produce for them - they just assume that if it cost enough, it must be good. Without checking whether 90% of it was actually copy-pasted in a matter of minutes from a similar contract done last year.

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Matthew Clapham
Matthew Clapham

Written by Matthew Clapham

Professional translator by day. Writer of silly and serious stuff by night. Also by day, when I get fed up of tedious translations. Founder of Iberospherical.

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