Top ten tips in drafting and negotiating an international contract The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected. Negotiation logistics.
To be considered a valid contract, an agreement must include an offer by one party and an acceptance by another. Something of value must also be given in return for the promise of completion. Finally, the terms of a contract must be defined specifically enough that they could be enforced by a court.
Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.
International agreements are formal understandings or commitments between two or more countries. An agreement between two countries is called “bilateral,” while an agreement between several countries is “multilateral.” The countries bound by an international agreement are generally referred to as “States Parties.”
Top ten tips in drafting and negotiating an international contract The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected. Negotiation logistics.
The United Nations Charter (1945) is both a multilateral treaty and the constituent instrument of the United Nations. An example of a regional agreement that operates as a constituent agreement is the charter of the Organization of American States (Charter of Bogotá), which established the organization in 1948.
Following this step-by-step checklist will mean that you can write your contract with confidence: Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.
Acceptance of an offer: After one party makes an offer, it's up to the other party to accept it. If someone offers you $600 to walk their dogs, for example, you enter into a contractual agreement the moment you accept their offer in exchange for your services.
Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.