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International Contracts: Payment Protection and Debt Risk

Corporate, Commercial Law and Dispute Resolution · Commercial Disputes, Debt and Bankruptcy

International contract drafting should protect payment, performance and dispute-resolution rights before a Ukrainian business starts trading with a non-resident counterparty. Cross-border contracts create additional risk because different legal systems, currencies, enforcement mechanisms and jurisdictions can affect how a debt is recovered.

Identify the Parties and Transaction Precisely

The agreement should state the parties' full legal details, status, registered location and contact information. Counterparty reputation and financial capacity should be checked before significant obligations are accepted.

The subject matter should describe exactly what is being supplied or provided, in what quantity and under which performance standards. General wording creates unnecessary room for disagreement.

Payment and Security

Payment clauses should define the currency, timetable, payment method and consequences of delay. Where appropriate, the parties may use additional payment security such as guarantees, letters of credit or other agreed instruments.

Governing Law and Dispute Resolution

The contract should identify the governing law and the forum for disputes. Depending on the transaction, the parties may choose national courts, a neutral jurisdiction or international arbitration. Pre-trial negotiation or mediation can also be included as an initial dispute-resolution stage.

Force Majeure, Liability and Language

Force majeure provisions should define relevant events and the notification procedure. Liability clauses should state the consequences of breach, including penalties or compensation where agreed and legally available.

The parties should also identify the controlling language of the agreement. Where several language versions are used, the contract should make clear which version prevails if wording differs.

Payment protection should be considered together with delivery and acceptance mechanics. The contract can define when an invoice becomes payable, what documents trigger payment and how objections must be raised. Clear acceptance rules reduce the risk that a counterparty delays payment by asserting late or undefined complaints about performance.

International contract risk strategy should connect due diligence, payment security, governing law and enforceability so that the business knows in advance how it will respond if the foreign counterparty does not pay.

Why is it better with us?

The principal activities of the UBC group of companies are consulting, financial and investment services, search and selection of investors for business and attraction of loans, purchase and sale of established businesses in Ukraine, Europe and other countries, IT services, and development of commercial real estate in Ukraine and abroad. For the development of your business: registration of enterprises in Ukraine, ready-made companies in the EU, registration of companies in England and other countries, corporate law, offshore jurisdictions and offshore companies, business consulting, audit, certification, registration of LLCs, registration of financial companies, asset management companies, mutual investment funds, registration of joint-stock companies, issue of securities and bonds, and support for foreign investment.

The continuously expanding range of regional and foreign partners directly helps resolve our clients’ issues when conducting business both in Ukraine and abroad.

We are always focused on the result you need and will do everything to achieve it within the required timeframe, taking your wishes and requirements into detailed account! Why is it better to start business in Ukraine with UBC? The answer is simple - we have much more practical experience, resources and opportunities.

Price: International Contracts: Payment Protection and Debt Risk

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Since 2003, UBC has created thousands of successful companies in Ukraine - we can help you too. We will be pleased to answer any further questions you may have. We wish you every success in business!