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.
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.
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.
So, the names and addresses of the buyer and seller, as well as the date of the agreement. Description of goods or services sold. Clearly describe what the customer is buying, including quantity, brand, model, specifications, and any other relevant details. Descriptions of warranties or guarantees.
Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.
The CISG governs international sales contracts if (1) both parties are located in Contracting States, or (2) private international law leads to the application of the law of a Contracting State (although, as permitted by the CISG (article 95), several Contracting States have declared that they are not bound by the ...
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.
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.