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25. Assignment by either party must be approved in advance in writing. Written pre-approval of assignments13 are common, but not standard. 26. Jurisdiction Clauses Contracts often stipulate which jurisdiction (country or state) laws the contract will be subject to. This may cause you a problem if your organisation is not headquartered or represented in that country or state, as it may increase the cost of litigation, should a dispute arise. As a generalisation, Australian courts do not look favourably on arguments whereby jurisdiction should be ignored, because of the perceived shortcomings in the foreign legal system. 27. Mandatory Alternative Dispute Resolution clause It is of great importance for all parties to fully understand the implications of any arbitration clause (and jurisdiction clause – see above) in a contract. A failure to do so may have implications later when enforcement of an arbitral award is sought. 28. Title and authority of person signing for contractor?
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An assignment is a term used with similar meanings in both the law of contracts and the law of real estate. In both situations it refers to the transfer of rights held by one party-the assignor-to another party-the assignee. The details of the assignment determines the rights and liabilities/duties of each party.
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