By definition, International Sales of Goods Contracts imply that the sellers and buyers are located in different countries. This presents and obvious potential for confusion, as most commercial law is country specific, reflecting national trade practices, values and public policy. However, some general advice is possible for several reasons. In first place, there are many similarities among the different bodies ... Read More »
The International Franchise Agreement is usually defined as a contract whereby the franchisor grants the franchisee (based in another country), in exchange for direct or indirect financial compensation, the right to exploit a package of industrial or intellectual property rights relating mainly to know-how and commercial symbols, and to receive continuing commercial or technical assistance for the duration of the ... Read More »
The new Incoterms 2020 have already been published by the International Chamber of Commerce (ICC) as the body that publishes these rules since 1930. In last decades there has always been a revision of the Incoterms coinciding with the first year of each of them: 1990, 2000, 2010. The latest version is that of Incoterms 2020 which is expected to ... Read More »
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 »
José María Rodriguez Clemente* One of the countries in Europe that offers good opportunities for doing business is Romania, since in addition to its status as a Member State of the European Union (EU), it constitutes a market of twenty million people with many needs to be met in order to reach the status of its main European partners in ... 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 »
The freight forwarder or forwarding agent is an indispensable member of the international trade and transport community; the freight forwarder arranges for the international shipment of merchandise. Like travel agents – but dealing with cargo rather than passengers – freight forwarder use their knowledge of varying freight rates to offer the shipper the bet “package deal”. In addition to booking ... Read More »
How to find importers is the first question that a company asks itself when starting to sell abroad. The answer may seem obvious: on the Internet. However, it is far from certain unless the company knows precisely which are the most useful and cost-effective tools for identifying importers in foreign markets. Although on the Internet there are hundreds of websites ... 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 »
