Globalization and offshoring have created new data, new issues and new risks: Where to set up? With what type of structure? For what cost (HR, taxes, taxes)? May be copied? Risk of non-respect of contractual obligations
- Language: Choose the language of the contract (if written in two languages specify the one that prevails) .
- The capacity: to check that each signatory has an authorization to engage his company.
- Context: Explain why we sign this contract what is the purpose.
- Force Majeure: insert clauses of suspension, extension or increase of tariffs ETC.It is therefore appropriate in this case to call a professional, to tell you what it changes in terms of warranty, constraints and risks.
The different legislations from one country to another complicate the determination of the law applicable to the contract and to the competent jurisdiction in case of litigation.
How to do it?
- Write down everything that has been agreed,
- Anticipate the difficulties that may arise, to avoid conflicts (loss of energy and costs),
- Anticipate the possible evolution of the contract (new technologies, evolution of production, unstable international situation.
In addition various international conventions may interfere at the level of your contract and bring incompatibilities:
- The Hague Convention of 1955 sale of movable objects to the International).
- The Court of Justice of the European Union (CJEU),.
- The 1978 Hague Convention of Intermediary and Representation Contracts. The regulations of the ICC (RUU, Incoterms) ,.
- The Rome Convention of 1980 contractual obligations, etc.
It is therefore advisable in this case to call a professional, to tell you what it changes in terms of guarantee, constraints and risks.