OVH is different in that it's actually a French company.
OVH is different in that it's actually a French company.
Many businesses will simply refuse to buy your product if the contract says the dispute has to be settled under foreign law or by a foreign court. The customer's lawyers will flag such a term as an unacceptable legal risk. And if your competitor isn't demanding that term, you are giving them a big reason to choose the competitor instead.
Random example: Oracle's standard contracts with their Australian customers says disputes will be settled under Australian law (New South Wales state law) in an Australian court (in Sydney). [0] And Oracle's standard agreements for France nominate French law and the courts of Paris. [1]
If Oracle can't get away with forcing foreign law/courts on their customers, I'd be surprised if CrowdStrike can.
Might be a different story for smaller countries, but most businesses in major economies are used to vendors offering contracts under their own national law.
[0] for example https://www.oracle.com/us/corporate/contracts/cloud-csa-v012... – see clause 14 on page 7
[1] for example https://www.oracle.com/assets/cloud-csa-v012418-fr-eng-44198... – see clause 14 on page 6
this is not true
just because you write into your contract that something will be settled in a specific jurisdiction doesn't mean it's legally actually the case
In the end probably only the us companies will be left empty-handed.