The party of the first part shall be known in this contract as ‘the party of the first part’…the party of the second part shall be known in this contract as ‘the party of the second part’.
Although from an uproarious film, the quote is a useful reminder that lawyers are not always that good at drafting. The Greece–Republic of Macedonia Agreement 1995 refers to the parties only as ‘the Party of the First Part’ and ‘the Party of the Second Part’. This was because Greece (which has a province called Macedonia) objects to the name ‘Republic of Macedonia’. The full title is the Marx Brothers' formulation, and was therefore an imaginative way of breaking the impasse. When in a ticklish spot, such is the resourcefulness of the drafter.
This chapter will therefore describe the way in which treaties, and to some extent MOUs, should be drafted, and what is good practice and what is not. It ends with some drafting tips. The views are inevitably subjective, though all are based on practical experience, including having to grapple with some thoroughly badly drafted treaties.
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