International contracts

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Contracts with a cross-border or international trading element typically present additional contractual and commercial considerations, and risks for commercial lawyers (in comparison with purely domestic contracts). This subtopic examines the key drafting considerations in international contracts, as well as the commercial, practical and logistical issues of trading internationally, in particular in relation to transport of goods overseas, insurance and security of both performance and payment.

For a comparison of the treatment of individual cross-jurisdiction legal topics, see the International comparator tool, and also the series of topic guides provided in conjunction with Lexology Panoramic: Lexology Panoramic: topic guides—overview.

International contracts

Knowing how to identify an international contract is important as it will impact the key issues, as well as the relevant time scales and priorities. A contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or if any of the parties' obligations are to be performed in different jurisdictions. Where a contract has an international dimension to it, fundamental processes such as contract formation and execution may require particular attention, as well as the interpretation and assumption as to the ...

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