International contracts are legally binding agreements between parties who are based in separate countries. As with any contract, it will require the parties to do or refrain from doing particular actions.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on January 1, 1988 for the 11 contracting parties, including the United States. The United Nations Commission on International Trade Law (UNCITRAL) drafted the CISG.
In an international business contract, it's essential to define the jurisdiction that will govern the contract and the laws that will apply in the event of a dispute. Your dispute resolution section should also detail the agreed-upon dispute resolution mechanism.
For example, international sales of goods have unique handling, shipping, and taxation aspects. The contract should specify the INCOTERMS rules ( INCOTERMS Rules) which will apply to the contract in order to establish the duties, risks, and costs associated with the shipping of goods from one country to another.
Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.
Top ten tips in drafting and negotiating an international contract Avoiding retaliation claims. The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected.
Geneva Protocol. Biological and Toxin Weapons Convention (BWC) ... United Nations Security Council Resolution 1540 (UNSCR 1540) ... Chemical Weapons Convention (CWC) ... International Health Regulations (2005) (IHR (2005)) ... International Plant Protection Convention (IPPC) ... Proliferation Security Initiative (PSI)
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales.
Essential Elements of an International Contract Determining which laws will govern the contract and where disputes will be resolved can significantly impact the outcome of any potential legal issues. Including a choice of law and jurisdiction clause can provide clarity and predictability in case of disputes.
Contracts for the International Sale of Goods (Vienna, 1980) The United Nations Commission on International Trade Law (UNCITRAL) drafted the CISG. Currently the CISG has seventy-six parties. The CISG aims to provide an internationally recognizable body of law governing the sale of goods across international borders.