International Contracts (Contract Management):
We bring you solutions to protect your international contracts.
- In what language should the contract be drawn up?
- What law will govern the contract?
- Which court to settle the dispute?
- When does the transfer of responsability for the goods take place?
- And the transfer of ownership?
Globalization and relocation have created new situations, new problems and new risks (Contract Management):
- Where do you set up?
- Risk of being copied?
- With what type of structure?
- At what cost (HR, taxes)?
Risk of non-compliance with contractual obligations
- Language : Choose the language of the contract (if two languages are used, specify which one is used).
- Capacity: Check that each signatory has the authority to bind his company.
- Context: Explain why you are signing this contract and the purpose of the contract.
- Force majeure : insert clauses to suspend, extend or increase ETC tariffs.
The different legislations from one country to another complicate the determination of the law applied to the contract and the competent jurisdiction in case of dispute.
How to do it?
a) Write down everything that has been agreed,
b) Anticipate difficulties that may arise, to avoid conflicts (loss of energy and costs),
c) Anticipate the possible evolution of the contract (new technologies, production evolution, unstable international situation, ETC)
In addition, different international conventions may interfere with your contract and bring incompatibilities:
- The Hague Convention of 1955 on the Sale of Goods Internationally),
- The Court of Justice of the European Union (CJEU),
- The 1978 Hague Convention of Contracts for the International Sale of Goods,
- ICC Regulation (UCP, Incoterms),
- The Rome Convention of 1980 contractual obligation,