Past surveys have shown that until a few years ago, cultural barriers were a priority concern for companies entering foreign markets. These concerns have decreased over the years in part due to globalization and the predominant role of U.S.-style agreements in European M&A transactions and commercial transactions. There has been some backlash, however, from various international bar associations. For example, the French and German Bar Associations are making a joint effort to convey the advantages of European continental law in international commercial agreements.
Simultaneously, the English language continues to play a predominant role in the international M&A and commercial world to the point where negotiations in a foreign language are often peppered with English concepts, often leading to misunderstandings. The panel will examine if – and if so, to what extent – foreign legal concepts can and should regain a dominant foothold in the cross-border M&A and commercial scene in Europe.