Cross-border contracts should address more than price, delivery and payment. They should also provide a workable legal framework for disagreement.
Governing law
The governing-law clause identifies the legal system used to interpret the agreement. That choice should be considered alongside the parties, assets, regulatory environment and the places where performance will occur.
Forum and enforcement
Court jurisdiction and arbitration clauses determine where and how a dispute is handled. The practical ability to enforce a judgment or award can be as important as the initial choice of forum.
Consistency matters
Contract provisions should work together. A well-drafted clause can still create difficulty if it conflicts with mandatory law or other dispute provisions.
This publication is general information and is not a substitute for legal advice concerning a specific matter.