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.
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.
An example of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and the Security Council.
Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.
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.
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.
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.
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.