If you are involved in cross-border trade or a dispute and need legal advice, our website will assist you in finding a solicitor who specialises in this field of law. (more...)
Cross border trading contracts
International contracts will require consideration of further issues in addition to general commercial contract considerations. For instance, the parties should consider:
- agreeing the chosen jurisdiction for resolution of any disputes under the contract and including a specific jurisdiction clause in the agreement.
- the governing law (also known as applicable law) to be used for resolution of any disputes under the contract and whether to make specific provision for this in the agreement (looking at the pros and cons).
- the legal regimes for determining the applicable law where the parties fail to reach a valid agreement.
- the potential impact of the broader international landscape. By way of example, when a member state of the European Union exits the Eurozone and abandons the Euro, can creditors insist on payment in Euro from debtors resident in the exiting state? Or are such creditors left with a claim for payment in the new (rapidly devaluing) currency?
- the relevant formalities for executing the agreement, which may involve notarisation and legalisation depending on the relevant legal regimes involved.
- the particular type of arrangement in question and the additional issues that require consideration when entering such transaction in a multi-jurisdictional context.
Cross-border commercial disputes can raise a number of legal questions including:
- What is the structure of the civil court system?
- What is the role of the judge and the jury in civil proceedings?
- What are the time limits for bringing civil claims?
- Are there any pre-action considerations the parties should take into account?
- How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement?
- What is the typical procedure and timetable for a civil claim?
This list is not exhaustive. To engage in a successful cross-border dispute, you will need an experienced solicitor who understands what he or she needs to know to successfully construct a legal case.
To find a cross-border law solicitor, start searching through Solicitors Guru today.