International contracts
An international contract is a contract having one or more elements related to a foreign legal order. Therefore, in case of dispute, these foreign elements involve a questioning as to the law applicable to the contract, but also in relation to the competent jurisdiction.
Indeed, in the absence of contractual clauses specifying the will of the parties, the judge will have to determine the applicable law for the interpretation of the contract. Therefore, the rules of interpretation of the contract are beyond the control of the parties.
Similarly, the absence of a clause specifying the competent jurisdiction, in case of dispute and the determination of the competent jurisdictions is imposed by the judge, which can create inconvenience.
The insertion of explicit and precise clauses is therefore essential to avoid the application of a law, resulting in an unpredictable legal solution for the parties.
ARPEGE LAW FIRM with many years of experience in the Middle East can assist you in the drafting of an international contract.
ARPEGE LAW FIRM is ringed by a network of international corporate lawyers based in major cities around the world, who regularly write and negotiate international contracts in both French and English.
We will be able to advise you on the setting up:
- distribution, agency or international franchise agreement,
- joint venture or partnership agreement,
- license agreements, technology transfer or data transfer,
Depending on the country of destination of your products or services, ARPEGE LAW FIRM drafts the international distribution contract taking into account:
- Dispute Resolution Clause,
- Accounting for tax, customs and exchange rate regulations,
- Choice of INCOTERM and definitions of responsibilities related to the purchase, transportation and customs clearance of goods,
- Definition of the contractual language and the preliminary contracts,
- Determination of the different parties’ responsibilities for the products local marketing.
- Checking of the standards in force,
- Convention integrating means of payment and international guarantees ensuring the payment of your debts,
- Master franchise: know-how adaptation clauses, training, development plans, quota clauses, authorization to sub-concession, fate of the network developed at the end of the contract.
Depending on your needs, we support you in international contract negotiations and we can travel around the world if necessary.