Foreign Trade Contracts

ONELAW advises on drafting, reviewing and negotiating foreign trade contracts for supplies, services, distribution, agency, imports, exports and other cross-border commercial relations.

A foreign trade contract must address commercial terms, currency regulation, customs, delivery, evidence of performance, governing law, jurisdiction and recovery risk.

Scope of Services

ONELAW provides support at all key stages:

— analysis of the foreign trade structure;
— verification of foreign counterparty status and authority;
— definition of subject matter and material terms;
— drafting or review of the foreign trade contract;
— analysis of delivery, payment and risk transfer;
— review of invoices, acts, transport and customs documents;
— assessment of currency, tax and customs risks;
— selection of governing law and dispute-resolution mechanism;
— drafting force majeure, liability and termination terms;
— support in negotiations;
— drafting amendments, notices and claims;
— assessment of litigation or arbitration prospects.

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When ONELAW Can Assist

Import and export contracts

Drafting and review of contracts for goods, equipment, raw materials and other assets.

Service agreements

Support with consulting, technical, marketing, IT, engineering and other services.

Delivery and payment terms

Analysis of delivery, risk transfer, payment, advance payment, deferred payment and supporting documents.

Currency and customs risks

Review of currency, customs, payment-document and regulatory requirements.

Disputes with foreign counterparties

Assessment before or after breach, delayed payment, non-delivery or refusal to perform.

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ONELAW Approach

A foreign trade contract must work commercially, through banks and customs, under currency controls and in a dispute.

ONELAW treats the contract as the mechanism for performance of the cross-border transaction, including payment, delivery, customs clearance, proof and remedies.

Our objective is to reduce the risk of blocked payments, regulatory claims, counterparty disputes and unenforceable debt.

What Should Be Addressed in Advance

The parties should verify authority, subject matter, evidence of performance, delivery terms, transfer of risk, payment mechanics, currency, tax and customs requirements, governing law, dispute forum and recovery prospects.
If these matters are not addressed, even a signed contract may create problems with payment, customs clearance, tax review or enforcement.