International contracts

Fruytier Lawyers in Business often acts as a business partner and advisor to entrepreneurs who do business internationally. For example, we are often involved in drafting and reviewing international contracts.

Entrepreneurs are increasingly operating beyond national borders, which, in addition to offering many opportunities, can also entail certain risks. That is why it is extremely important for international businesses to receive expert advice. Fortunately, we can call on the business partners in our LAW network for this. This gives us direct access to expert solicitors and lawyers who know exactly which aspects are important when doing international business with a party from their country.

Purchase and sales agreements

It is essential to correctly record agreements in a contract, and international purchase and sales agreements involve additional aspects. These contracts must be legally watertight. For example, it is important to specify in the agreement whether Dutch law will apply in the event of any disputes (choice of law), whether a Dutch court will have jurisdiction (choice of forum) and whether, for example, the Vienna Sales Convention will apply.

International entrepreneurs would do well to assess their position prior to concluding an agreement and to discuss the possible advantages and disadvantages of the above options. These choices are often made through the general terms and conditions. It is therefore important to carefully consider which terms and conditions apply to your agreement, or which terms and conditions the other party would like to see applied. Before you know it, you may be forced to litigate abroad, which is by definition a costly affair.

What are the important issues when drafting an international purchase or sales agreement?

International trade contracts involve greater risks and less leeway than national trade contracts. Important issues include:

  • The applicable law and the competent court: which country may assess the conflict and according to which law? This prevents surprises in the event of disputes.
  • The terms of delivery. These are crucial for clearly defining liability, costs and risks during transport.
  • Also consider clear agreements on payment terms, currency, guarantees and limitations of liability.
  • Finally, explicitly state what happens in the event of force majeure, delay or non-conformity.

Advice: Work with a legally binding contract and always tailor it to the country and sector in which you operate. A well-drafted contract is not a formality, but a safeguard for your international trading position.

Why is it important to make legal choices in advance when it comes to international contracts?

By laying down these choices in advance, you can avoid legal uncertainty, costs and delays in the event of a dispute. Therefore, before signing, determine what is most favourable for your situation. Seek legal advice and save yourself not only discussion, but often also money and reputational damage.

Experience in international legal proceedings

We know the ins and outs of international treaties and private international law, have extensive experience in international legal proceedings and arbitration, and are often involved in drafting and concluding international contracts. Not only purchase and sale agreements, but also distribution agreements and general terms and conditions of purchase and sale.

We also regularly collect international claims on behalf of one of our clients from one of their debtors. The solicitors at Fruytier Lawyers in Business do this in a careful and pragmatic manner, taking into account and respecting your interests as an entrepreneur. Thanks to our extensive experience in international business, we have a thorough understanding of the differences in cultures and legal systems.

As a result, we can provide our clients with effective and cost-efficient support, not only in the European market, but also in the British and American markets.

All of our solicitors are specialists in international contract law and can also assist you in English, German, French, Spanish and Russian. Do you have any questions or would you like more information? You can quickly get in touch with us using the form below.

Authors: Employment law solicitors Mignon de Vries and Myrddin van Westendorp