To those who celebrate.
UNC's smart and hilarious John Coyle has a post over at the Transnational Litigation Blog on Microsoft Contract Day 2025, following up on posts from two and one years ago, and concluding that Microsoft's dispute resolution clause is "still a mess."
The entire post is both informative and laugh-out-loud funny, but the Myanmar portion is particularly entertaining:
Reading the clause for Myanmar is like watching a traffic accident unfold in real time. It appears that Microsoft took an arbitration clause calling for the resolution of all disputes in Singapore [A] and then grafted on the litigation terms set forth in the 2025 version of its standard clause [B]. The graft was, moreover, poorly executed. The drafter accidentally included the header of the patched language in the clause and placed it in the middle of a sentence, as shown in the bolded text below. . . .
It goes without saying that a clause that simultaneously calls for the arbitration of all disputes in one location and the litigation of all disputes in a different location is not a model to emulate. It also goes without saying that memo headings should not appear in contract clauses.
Read the whole thing here.
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