How can I legally secure my international delivery contracts?
January 16, 2024 | 60,00 EUR | answered by Otto Schäfer
Dear International Law Attorney,
I am Artur Weiss, CEO of a medium-sized company that operates globally and enters into international supply contracts. Lately, I have been experiencing increasing difficulties with the legal structuring of these contracts and want to ensure that they are legally sound.
The situation is as follows: Our company works with suppliers and customers from different countries, leading to complex contract structures. I have noticed that there are often misunderstandings and uncertainties that can lead to legal disputes later on. Additionally, I am unsure about which laws and regulations need to be considered in international supply contracts and how I can protect my company from legal risks.
My concerns are that unclear contract clauses could lead to financial losses or damage to our reputation. Furthermore, I want to ensure that my supply contracts comply with international legal standards and can withstand disputes in court.
Therefore, my question to you is: How can I ensure that my international supply contracts are legally sound? What legal aspects need to be considered in contract drafting and what measures can I take to protect my company from legal risks? Are there specific clauses or agreements that should be included in international supply contracts?
I am looking forward to your expertise and thank you in advance for your support.
Sincerely,
Artur Weiss
Dear Mr. Weiss,
Thank you for your inquiry regarding the legal structure of international supply contracts. As the managing director of a medium-sized company operating worldwide, it is indeed important to ensure that your contracts are legally sound in order to avoid financial losses and damage to your reputation. I understand your concerns regarding the complex contract structures and the associated misunderstandings and uncertainties that can lead to legal disputes.
In order to make your international supply contracts legally secure, it is crucial to consider various legal aspects. Firstly, you should ensure that the contracts are clearly and unambiguously formulated. This includes the precise definition of the contracting parties, delivery terms, payment modalities, liability exclusions, and dispute resolution clauses. It is important that all relevant points are detailed and clearly stated in the contract to avoid misunderstandings.
Furthermore, when drafting the contract, you should consider the applicable laws and regulations in the countries involved. It is advisable to consult with an expert in International Law to ensure that your contracts comply with the respective legal requirements. Additionally, you can include specific clauses and agreements in your contracts to cover certain risks. For example, you can include provisions in supply contracts regarding jurisdiction, the applicability of the UN Convention on Contracts for the International Sale of Goods, or arbitration.
To protect your company from legal risks, I also recommend regularly reviewing your contracts and making adjustments as necessary. It is important that you stay informed about current legal developments and update your contracts accordingly. Additionally, you should maintain clear communication with your contracting parties and proactively seek solutions in case of uncertainties or disputes.
Overall, it is of great importance that you proceed carefully in the design of your international supply contracts and seek professional support. As a lawyer specializing in International Law, I am happy to assist you in making your contracts legally secure and protecting your company from legal risks.
Best regards,
Otto Schäfer, Lawyer specializing in International Law.
