This session will explore critical considerations for determining the governing law in cross-border transactions, including the impact on the enforceability of agreements. Panellists will provide insights into the negotiation of choice of law clauses (and related questions regarding conflict resolution) and the benefits and risks for clients associated with these questions. In addition to sale and purchase agreements (SPAs), this panel will cover ancillary agreements as well as shareholder agreements; including in relation to documents for which the law is determined by the jurisdiction of incorporation, such as a corporation’s constitutive documents.