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Drafting International Contracts: 10 Tips
While the use or preprinted or standard contract forms -downloaded in websites such as Global Negotiator- is certainly an effective means of doing international business, you must at the same time be cautious of the drawbacks and protect yourself from the chance that your contract provisions might be unenforceable in the event that a dispute arises.
We offer 10 tips that you have to take into account when drafting international contracts using standard models or templates:
Add a commentDistribution Contracts in China
Entering into a distribution contract in China is one of the most common ways for a foreign company to distribute its products in China and is commonly considered the most appropriate way when the foreign company does not want to appoint agents in China to act on its behalf. An agency relationship usually requires more understanding and trust between the foreign company and its Chinese partners since, pursuant to Chinese laws, the acts of agent will be jointly and severally liable to third parties. A foreign company that is unwilling to entrust this level of responsibility to a Chinese agent may alternatively prefer to appoint its Chinese partner as distributor in a specified region, either on an exclusive or non-exclusive basis.
As the foreign company and its Chinese distributor will carry out the distribution tasks in accordance with the terms of the distribution contract, in order to ensure smooth cooperation between the parties, it is advisable that the following matters be considered during the negotiation and conclusion of the contract:
Add a commentGoverning Law and Jurisdiction in International Contracts
In a transaction with no foreign element involved it will not usually be necessary to specify the system of law which is to govern the transaction or the courts which are to have jurisdiction in the event of a dispute. However, where there are international aspects to the transaction, it is sensible to set out in the contract both the governing law and jurisdiction – i.e which country’s laws govern the terms of the contract and in which country’s courts will any dispute be finally decided.
The principal foreign element aspects that impact materially on a transaction are:
Add a commentSaudi Arabia Investment Guide
The Saudi economy, buoyed by high oil prices, is currently witnessing a period of rapid growth, with large scale infrastructure and social welfare projects being implemented alongside an equally ambitious industrial diversification programme. Opportunities exist across a range of sectors for quality exporters, and there is strong demand for relevant expertise particularly in engineering design, project management, financial services, and education and training.
This Guide from the Economist Intelligence Unit identified high value investment opportunities in Saudi Arabia for foreign companies in the following sectors:
Add a commentEmirates Doing Business Guide
The United Arab Emirates (UAE) is in the Middle East, bordering the Gulf of Oman and the Arabian Gulf, between Oman and Saudi Arabia. The UAE has an open economy with a high per capita come and a sizeable annual trade surplus. With Abu Dhabi and Dubai as its dual financial centers, the UAE has long commanded economic superiority in the Gulf Corporation Council (GCC).
This guide from the bank HSBC and Price Waterhouse covers several considerations that may generally apply in all of these emirates and can be considered by foreign investors in evaluating the prospects of operating and investing in the UAE:
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Recent posts
- Drafting International Contracts: 10 Tips
- Distribution Contracts in China
- Saudi Arabia Investment Guide
- Governing Law and Jurisdiction in International Contracts
- Emirates Doing Business Guide
- Manufacturing contracts in China
- Key Clauses in International Distribution Contracts
- 10 Top Risks in International Business
- Arbitration Clause in International Contracts
- Mexico Doing Business Guide
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