I came across a thought-provoking post on the Contract Nerds blog on the issue of implicit bias in cross-border contracts.
Nada Alnajafi, corporate counsel at Franklin Templeton, writes about how there is a bias in international commercial contracts as they are virtually always written in English.
“Recently, there has been a heightened focus on inclusivity, equitable workplaces, and addressing systemic biases. Good companies have recognized that eliminating common biases in the workplace is business-critical. Customers are demanding heightened awareness from their vendors. Even in-house legal departments are expecting outside counsel law firms to align with these values. But are our contracts keeping up with the movement? Or are we letting implicit biases go unnoticed in our contracts?”
The value in the blog post is the guidance that Alnajafi offers on how to spot and address language bias in contracts.