International Contract

An international contract is a contract with one or more elements in contact with a foreign legal system.

Therefore, in case of dispute, these extraneous elements lead to questions about the law of the contract but also from the competent court.

International contracts represent a danger to contractors who are not careful.

Indeed, in the absence of contractual provisions specifying the intention of the parties, the judge will determine the law applicable to contract interpretation. The law specified by the judge to interpret the contract then escapes to the will of the parties.

Similarly, the determination of jurisdiction is imposed by the judge which can create surprises.

To avoid legal uncertainty that results, the parties should take great care in preparing their international contracts. This careful preparation will enable them to ensure that the dispute will be resolved by following closely the will of the parties at the conclusion of the contract and their prediction.

The inclusion of explicit and precise terms is therefore essential to avoid the application of a statute leading to unpredictable legal solution for the parties.

Their careful preparation and implementation if a dispute arises therefore requires the intervention of an experienced lawyer to ensure predictability essential to all business relations.

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