Corporate, Commercial Law and Dispute Resolution · Contracts, Commercial Law and Transactions
Commercial contract drafting for international trade should define payment, delivery, force majeure and dispute-resolution mechanisms before performance begins. Source material places particular emphasis on foreign economic contracts and the practice of the Ukrainian Chamber of Commerce and Industry (UCCI) in international trade and force majeure matters.
When professional contract drafting is useful
foreign economic and cross-border contracts;
international supply of goods;
long-term commercial arrangements;
export and import transactions;
arbitration clauses;
international trade and investment agreements;
transactions with elevated dispute risk.
Foreign economic contracts
Cross-border agreements require coordinated treatment of payment terms, delivery conditions, governing law, dispute resolution and commercial risk. Incoterms provisions should be used consistently with the physical movement of goods and the parties' intended allocation of costs and responsibilities.
UCCI practice and force majeure
Contract drafting may take into account Ukrainian commercial practice, UCCI approaches to force majeure confirmation, international trade customs and the requirements relevant to international commercial arbitration.
Types of contracts
export and import contracts;
international supply agreements;
agency and distribution agreements;
service contracts;
investment and cooperation agreements.
Arbitration clauses
A dispute clause should identify the chosen forum and procedure clearly. For international contracts, the parties may consider arbitration and the International Commercial Arbitration Court at the UCCI where this corresponds to the intended transaction structure.
International contract structure should be designed around the actual payment flow, delivery model and likely points of failure. Clear force majeure, arbitration and performance provisions reduce uncertainty when a cross-border transaction is delayed or disputed.
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Price: Drafting Commercial Contracts Using Ukrainian Chamber of Commerce and Industry Practice