The scope of the United Nations Convention on Contracts for the International Sale of Goods is limited to commercial contracts for the cross-border sale of goods (cf. CISG, Part I, art. 1-5). In accordance with article 6, Contracting Parties may withdraw from the CISG or any of its provisions, but otherwise it applies in various situations. The scope of the Electronic Communications Convention is broader than that of other UNCITRAL contracts in that it is not limited to sales contracts, although it still covers only commercial contracts. Contracting parties may, of course, refrain from the provisions of the provisions (Convention on Electronic Communications, Article 3). Like the restrictive agreement, the rules of uniform interpretation of the Electronic Communications Convention mirror those of the CISG (Electronic Communications Convention, Article 5), so that the same general categories of research resources are relevant. In international commercial practice, it is common for parties to choose arbitration as the method of dispute settlement. [2] International commercial arbitration can be particularly popular because, unlike court decisions, there is a single and almost comprehensive regime for the enforcement of foreign arbitral awards (governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the “New York Convention”) with 156 Contracting States). [3] Although the Incoterms were first published in 1936, they were revised every 10 years. [9] Incoterms inform the purchase contract by defining the respective obligations, costs and risks associated with the delivery of the goods from the seller to the buyer. Incoterms 2010, the 8th revision, refers to the latest collection of essential terms of international trade and trade terms with 11 rules. Incoterm 2010 entered into force on 1 January 2011.
The terms were developed in recognition of inconsistent standard business practices between different states. When the Incoterm Code is included in a purchase agreement, it provides a detailed interpretation of the rights and obligations between the parties. If the contracting parties have chosen arbitration to settle disputes, the CISG also applies in the above-mentioned cases. However, in a perhaps minimal difference from some State courts and depending on the law at the seat of arbitration, arbitral tribunals may apply the CISG even if the parties have chosen it themselves and without reference to a State law. [7] Finally, in some cases, an arbitral tribunal may apply the United Nations Convention on Contracts for the International Sale of Goods ex officio, for example in the context of the lex mercatoria (see section 3.3.2). Regional trading blocs are agreements between states that allow parties to benefit from better access to each other`s markets. Regional trade initiatives and economic integration are an integral part of international trade law because of their impact on commercial transactions. In particular, through the establishment of free trade areas and preferential trade zones; Economic and Monetary Union; and common markets. The European Union, the North American Free Trade Agreement and Mercosur are some examples.
There are many international texts and standards that can be chosen by traders to regulate their contracts. These rules can be described as “legal standards”, “soft law” or “commercial practices”[16], but they are bound by their use in international public procurement and their possible direct application by arbitral tribunals. Otherwise binding texts, such as the United Nations Convention on Contracts for the International Sale of Goods, may also fall into this category if they are chosen by the parties to enforce their contracts without reference to a specific law of the State (see section 3.1.1). Like arbitral tribunals (see section 2.2), state courts may recognize and apply these rules, but under the relevant domestic law, they may simply do so as a set of rules that are considered part of the contract and do not prevail over any mandatory law. [17] The Hague Principles, if respected, can be used to further legitimize some of these sources. The Hague Principles set out in Article 3 allow the law chosen by the Parties to be “generally accepted legal norms at the international, supranational or regional level as a set of neutral and balanced rules, unless the law of the Court provides otherwise”, with the CISG, the Unidroit Principles and the Principles of European Contract Law (PECL) expressly mentioned in the accompanying commentary. Some of the most important texts and norms generally discussed in this category of “legal rules”, “soft law” or “commercial practices” are as follows: the parties must clearly indicate the price and currency of the contract in figures and figures. A provision explaining the method of determining the price should also be included if both parties cannot agree on the price indicated. It is often useful to list separately the price charged for the goods and the price of a seller who provides services unrelated to products such as insurance and freight. There are two reasons for this.
First of all, it reinforces the chosen delivery time (Incoterms) by clearly indicating what is indicated and what is not in the total selling price; Second, countries differ in their treatment of non-product levies for valuation purposes. A particular Incoterm is not incorporated into a contract in most jurisdictions without express or implied reference to the fact that it is an Incoterm. They are standardized and published and may be included in international sales contracts at the discretion of the parties. The parties must explicitly refer to the Incoterms in the purchase contract to indicate incorporation. The International Chamber of Commerce (ICC) is responsible for regularly revising the Incoterms to take into account changing practices in international trade. The insurance taken out can only cover the goods sold and specified in the shipping documents. The insurance must also cover the entire journey of the purchase contract. If it concerns only the forwarding party, the buyer may reject the documents after the offer.
The UNIDROIT Principles were first published in 1994, with expanded editions published in 2004, 2010 and more recently in 2016 (including issues related to long-term contracts). They were founded in an international mindset and deal with many issues that national legislators do not focus on, such as. B, foreign currency compensation or difficulties. Practitioners who apply the principles describe them as a state-of-the-art tool that is particularly useful when parties from different legal systems want to agree on neutral contractual regulation. International networks of law firms include a growing number of organizations focused on promoting the application of UNIDROIT principles in practice (e.B the International Bar Association; Primerus Society of Law Firms). While there are some exceptions and limitations, the relevant regulations in the vast majority of States allow for party autonomy, allowing parties to choose both the place and the applicable law for their contracts. If the parties do not choose an applicable law, a court recognizing jurisdiction over the dispute must apply the relevant conflict-of-laws rules of private international law to determine which law is applicable to the contract, including any international instrument that may be applicable by default (see section 3.1). The rules of private international law are notoriously complex, and this guide focuses on scenarios where the parties have chosen the applicable law or an international instrument applies by default. In the specific area of delivery of goods, the International Chamber of Commerce (ICC) has developed a set of rules for commercial conditions that describe the obligations of buyers and sellers and complement all other rules that govern the contract. Terms are combinations of three letters.
An example is FOB, which stands for “Free on Board”, and the Incoterms rules govern who bears the risks and obligations if the seller has contractually agreed to deliver the goods in this way, namely “on board the ship designated by the buyer in the designated port of dispatch or procures the goods already delivered”. [23] Incoterms contain instructions on how the parties can include them in their contracts. There have been many versions of the rules, and the latest are incoterms 2010. Among the international organizations that seek to harmonize international trade law are: International trade acquired great importance at that time, as many countries exchange goods and services with each other. There are many conventions and treaties related to international trade treaties, especially international sales contracts, which are applied in international trade and are considered beneficial to the contracting parties. These conventions help ensure the integrity of international law by maintaining uniformity and fairness in international trade. The parties must take into account certain points or clauses when preparing the sales contract by mutual agreement. This article discussed in detail the need for these clauses and a brief introduction to the most appropriate and important convention – CIGS. Contracting Parties may also choose the national laws to be applied to their international trade treaties. The party with greater bargaining power may insist on its national law, or the parties may instead choose the law of a third country, which is generally considered to have a well-developed right with respect to commercial transactions. Two main methods of financing international transactions are direct payment between seller and buyer; or financing through banks. In practice, payment is made in the following way: the commercial contract is a contract for a commercial transaction or a contract concluded by a contractor for the purposes of his activity.
International trade agreements are sales transactions concluded between parties from different countries. [4] The Lex mercatoria refers to the part of international trade law that is not written, including customary trade law; customary rules of evidence and procedure; and the general principles of commercial law. [3] Like mediation, arbitration is a private dispute resolution procedure by agreement between the parties […].