International Commercial Contract: Part 1

As a lawyer experienced in business law and international law, we are increasingly viewed by our customers active in business life, concerning the execution or faulty execution of international commercial contracts.

 I - current issues of international commercial contracts

Originally, commercial contracts bound the major developed countries economically, it was mainly French-American contracts, French Canadian, German French etc ...

But since the late '80s, globalization has given rise to new types of files, including putting into question the destinations for offshoring, such as the Maghreb, India, China etc ...

For example, China is now the second largest trading partner of the EU (and the EU is the largest trading partner of China). From January to September 2008, the trade volume between China and EU reached 322.5 billion U.S. dollars. In other words the economic and trade cooperation between China and EU is developing at high speed, and our files contain proportionally more and more problematic Sino-European, especially French-Chinese.

In particular, we now treat cases concerning delay or total lack of delivery of goods from China (audio-visual, textile, electronics ... etc.).

In this regard, international law differs from contract law, international trade practice has replaced the internal rule of the payment against delivery, the rule of the documentary credit. It is the commitment of a bank to pay a specified amount to the supplier of goods or services, cons to furnish within a specified time, documents listed which prove that the goods were shipped or the benefits or services were performed. Despite the proven efficacy of this practice, disputes remain.

Also, with the development of joint ventures, we know from new forms of international commercial disputes. The English term joint venture is translated into French by the term "joint venture" that is to say a specific project for which several joint enterprises have been formed. In general it is an alliance of technology and industrial activities involving engineering, production, distribution and others.

The joint venture contracts are complex contracts, where the time factor is an essential element of the contract. It is the same for supply operations in the long term, long term operation of the concession contract know-how, trade agency ... etc. In all these contracts the factor "time" is often the causing difficulties. Indeed, when overnight, a commercial agent is suspended from office by his foreign principal, or conversely that the grantor can no longer rely on the agent he was commissioned in one of his country implantation, while in both cases the relationships are long-established, it is a "shock" to the parties.

It is clear from these examples that the internationalization of trade, especially since the arrival of destinations for outsourcing, has resulted in new challenges, new problems: Where to relocate? To choose what structure? Tax issues? Risks to economic agents? Disruption of trade?

In other words issues upstream, at heart, and downstream of trade, which we can respond as a lawyer experienced in business law and international law.

Vous avez aimé cet article, partagez-le sur vos réseaux sociaux !