Are International Contracts Effective and Enforceable?
Flag of England (Yes, fellow Americans, there is an English flag separate from the UK flag – do you see the relationship?)
This post reproduces, almost verbatim, a Quora question and my answer. Q. How effective and enforceable are contracts between parties located in the United States and England?
A. Such agreements can be effective and enforced – agreements between parties in different countries are entered into routinely.
The stickiest issue during negotiations may be selection of venue and jurisdiction and choice of law. These, in turn, will have a bearing on how certain provisions should be drafted.
Depending on the subject matter of the agreement, you may need to think about whether the United Nations Convention on Contracts for the International Sale of Goods will be applicable and, if so, whether it should be disclaimed.
Related post: International Contracts: Choice of Law when the Parties Disagree
Dana H. Shultz, Attorney at Law +1 510 547-0545 dana [at] danashultz [dot] com
This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact a lawyer directly.
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