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Dispute Resolution - Agreements - Negotiations

  
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International Commercial Agreements

Disputes Happen!  In any business transaction, domestic or international, there is the potential for a dispute.  Disagreements and misunderstandings as to terms and conditions frequently occur.  Because of differences in culture and business traditions, the possibility of a disagreement in an international contract is even greater.

A well-drafted agreement, while not eliminating the possibility of a dispute, may be effective in reducing that probability.  At the very least, a properly written agreement can be effective in determining how any dispute will be resolved.

In most situations, the inclusion of a well thought-out arbitration clause is essential.  Most countries are signatories to the
New York Convention and/or the Panama Convention ensuring the recognition and enforcement of international arbitral awards.

Certain types of agreements call for special terms and conditions in order to reduce the possibility of misunderstandings or potentially costly legal ramifications.

For example, when an agreement relates to a transaction for the sale of goods, many U.S. companies are familiar with UCC provisions, while foreign businesses may not be.  In fact, they may be reluctant to accept the UCC, preferring the provisions of the Convention on Contracts for the International Sale of Goods (CISG) instead.
And particular attention must be paid to contracts relating to any sales agency or dealership arrangement.  If not propertly structured, the foreign courts may consider it an employment agreement, which might make it difficult and costly to terminate.

Also, any agreement involving technology or trade secrets requires special attention to intellectual property protection.

International Legal Services can assist you in the drafting of an international agreement in an effort to protect your interests, clearly setting out the means of settling any dispute, and hopefully reduce the chances of a disagreement.
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