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.
Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods.
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.
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) 1980 - Convention for the International Sale of Goods (UNCITRAL).
An offer can be made to an individual, a group of persons, or even the whole world (all law students have to learn the 1893 case of Carlill v Carbolic Smoke Ball Co in which a gazette advertisement was deemed to constitute a contract offer).
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.