Global Negotiator Blog

The NCND Non-Circumvention & Non-Disclosure Agreement is intended to protect the rights of occasional intermediaries in international trade that provide certain services:  promotion of business, making contacts with third parties, assistance in negotiating contracts and wishing to be protected against the risk of being “circumvented” by the other party (i.e., its client) and, consequently, not being paid the commission for ... Read More »

Eider Iturbe* English contracts are a key tool of negotiation used by international businesses, independent bilingual contractors, law firms and government bodies with international ties. We live in a time of globalization and a digital revolution that puts information at anyones fingertips, in real time, regardless of where they live in the world. This opens the door to new forms ... Read More »

The dramatic increase in new technologies has made international software license agreements one of the most common forms of contracting in commercial relations in foreign markets. In this type of agreements, the software owner (Licensor) grants a person or company (Licensee) located in another country the right to use the software in exchange for economic remuneration. It is relevant to ... Read More »

Before entering into an agreement with a commercial agent overseas, export companies need to have a model of International Comercial Agency Contract that regulates the relationship between the exporter (the “principal” in the contract) and the agent. When drafting and negotiating this type of contract template, companies must take into account the following: SPECIFY THE TERRITORY Before specifying the territory ... Read More »

The International Construction Contract has become one of the international models of international contracts used most frequently since in recent years numerous construction projects and infrastructures have been made by Western companies (from Germany, France, Spain) in emerging countries. Due to local contractors’ lack of experience, international contractors have carried out construction projects in developed countries and this situation is ... Read More »

A Turnkey Contract is one under which the contractor is responsible for both the design and construction of a facility. The basic concept is that in a Turnkey Contract the contractor shall provide the works ready for use at the agreed price and by a fixed date. The reality is that the employer wants to be and should be actively ... Read More »

Foreign companies doing business in the United States often consider using the same contract templates as in other Western countries, especially those governed by the Common Law system, given that, due to historical and political ties between the USA and the United Kingdom, the American legal system is based on the British Common Law System. This article contains an outline ... Read More »

When foreign companies are required to enter into Contracts in India, they often consider using the same models of international contracts than in Western countries, especially those which are governed by the Common Law system, given that, due to historical and political ties between India and United Kingdom -including membership in the Commonwealth- the Indian legal system is based on ... Read More »

Foreign companies which carry out Russian business contracts are obliged to know about not only the Russian Contract Law – which has similarities to a continental legal model – but also, above all, the most common practices used by Russian companies and executives when they negotiate contracts with foreign companies. In contracts entered into in Russia, companies should not look ... Read More »

When negotiating and enforcing contracts in China it is important to bear in mind that until a few years ago China did not have private companies or hardly any international lawyers firms. Consequently, the legal system and legal procedures and documents are considerably less developed than in the Western world. However, for companies trading in China, it is essential to ... Read More »