Contractual Disputes
View ResourceOnline Resource Centre for Asia-Pacific MSME Policy
The Resource Centre collects knowledge about MSME policy across the Asia-Pacific region, for the information and interest of the region's policymakers.
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HCCH Judgements Section
This page provides several resources about the Hague Conference on Private International Law (HCCH) Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It includes links to the Convention text and outline in both web text and PDF form.
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Guide to WIPO Mediation
This publication provides an overview on how mediation is used in the context of intellectual property disputes, including how such mediation works in the context of the World Intellectual Property Organization's Mediation Rules.
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Settling Disputes and Enforcing IP Rights
This webpage from the World Intellectual Property Organization explains how intellectual property disputes work and options for dispute resolution. It also provides links to related resources on enforcement, arbitration and mediation as forms of alternative dispute resolution, related case studies, and dedicated guides for MSMEs.
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Trade Map
This online portal provides data for a host of export- and import-related indicators, searchable by service, product, country, and region. Data can also be viewed over time and by company.
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HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
This page explains the Hague Conference on Private International Law (HCCH) Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It includes the Convention text and outline in both web text and PDF form.
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HCCH Choice of Court Section
This page explains the Hague Conference on Private International Law (HCCH) 2005 Choice of Court Convention and what it means for international commercial transactions. It includes related case law, news and events, explanatory documents, and recommended forms.
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UNCITRAL, HCCH and Unidroit Legal Guide to Uniform Instruments in the Area of International Commercial Contracts, with a Focus on Sales
This guide is designed to explain the key considerations, features, and issues related to international commercial contracts.
View GuideBusiness Contracts and Disputes
Why do MSMEs need model contracts? MSME often have relatively lower access to legal advice when negotiating a contract or managing a dispute than large firms.
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International Commercial Contracts
Should I have a contract with my international partners? Any business dealing has a risk of misunderstandings or unfair dealings. Cross-border business transactions may have added difficulties due to the differences in culture, expectations, languages, and legal systems. Given these potential obstacles or risks, it is important to have a clear agreement on a transaction with overseas partners, preferably in writing, in order to avoid potential future disputes and to foster productive long-term relationships. How do I draft a contract? The contract should contain terms and conditions upon which both parties agree. It is generally recognized that the parties, i.e., you and your business partner(s), are free to choose and agree on the terms and conditions in your contract (freedom of contract). Some of the large international organizations aim to harmonize the substantive rules in international trade and business. These organizations include the United Nations Commission on International Trade Law (UNCITRAL), the Hague Conference on Private International Law (HCCH), and the International Institute for the Unification of Private Law (UNIDROIT), they have developed a wide range of Conventions, model laws, and principles that can be used by the parties for international business contracts. Noteworthy among these are the United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention; the HCCH Principles on Choice of Law in International Commercial Contracts; and the UNIDROIT Principles of International Commercial Contracts. These instruments contain sets of rules that can either be incorporated in your contracts for international business transactions and/or can govern your contracts, in addition to national law rules. To assist you in navigating the various international instruments, the three organizations have jointly published a guide to International Commercial Contracts in six languages. Within a contract, it is also important to use specific and well-established terminology in international business transactions. For example, Incoterms (international commercial terms), established by the International Chamber of Commerce (ICC), can help standardize a contract’s terminology and assure that parties have the same understanding (see the Trade4MSMEs guide on Incoterms). Model contracts are also available free of charge from the International Trade Centre or for a fee from the ICC. For information on what to do in the event of a breach of contract, see the Trade4MSMEs guide on Dispute Settlement. Links to Supporting Information UNCITRAL Guide to International Commercial Contracts Legal Guide to Uniform Instruments in the Area of International Commercial Contracts, with a Focus on Sales Trade4MSMES guide Incoterms International Trade Centre Model Contracts for Small Firms International Chamber of Commerce ICC Model Contracts Trade4MSME guide Dispute Settlement
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Incoterms
What are Incoterms? Incoterms is an abbreviation for “International Commercial Terms.” Issued by the International Chamber of Commerce (ICC) and globally recognized, they prevent confusion in foreign trade contracts by clarifying the obligations of both the buyers and sellers and provide a standard list of global terms and acronyms used in trade. Why would I use Incoterms? Different practices and legal interpretations between traders around the world necessitated a common set of rules and guidelines, which led to the development of Incoterms. These are terms that hold a common, precise, and defined meaning. Whether you are filing a purchase order, packaging and labelling a shipment for freight transport, or preparing a certificate of origin at a port, the Incoterms rules are there to guide you. Various parties involved in both domestic and international trade use Incoterms as a shorthand to help understand one another and the exact terms of their business arrangements. Given the clarifying advantages of incoterms, it is recommended that they be used in a sales contract. What are the different Incoterms that have been developed? The ICC updates Incoterms every 10 years to align them with the latest trading practices. The most recent version is Incoterms 2020. Some examples of Incoterms include: Rules for any Mode of transport Ex works (EXW): These imply minimum obligations on the seller, requiring goods to be collected and loaded onto a vehicle by the buyer. Delivered at place (DAP): This requires the seller to deliver goods ready for unloading at the destination place agreed by the buyer. Delivered duty paid (DDP): This states that the seller is responsible for all costs and risks of delivering goods to the buyer, including goods clearance and handling customs formalities. There are others in this series Carriage and Insurance Paid to (CIP): This requires the seller to obtain insurance in addition to complying with obligations on handing over goods to carriers and clearing goods for export. Rules for sea and inland waterway transport Free alongside (FAS): This requires the seller to bear risks until goods are either procured or placed alongside a ship/vessel nominated by the buyer. The buyer is responsible for carriage of the goods from the shipment port onward and handling all import formalities. Free on board (FOB): This deems that the seller is the one to deliver goods on board the ship agreed by the buyer. Once the goods have been loaded on board the vessel, the responsibility for carriage of the goods and all import formalities transfers to the buyer. Cost and freight (CFR): CFR is similar to FOB but requires the seller to bear risks until goods are placed on board the vessel at the delivery port and costs to the destination port. The seller must also manage all export formalities and unloading costs when goods reach the destination port. The buyer is responsible for insuring the goods once the goods have been loaded on board at the departure port. Cost, insurance, and freight (CIF): CIF is similar to CFR but requires the seller to insure the buyer’s risk of loss or damage from the shipment port to the destination port, at least. For detailed information about Incoterms 2020, see the ICC’s new e-commerce platform in both print and digital formats, which can be purchased online for a fee. The edition is also translated into twenty-nine languages. You can contact your local ICC country office and representatives for their help and for more information. You can also visit the websites of some international law firms to learn more about different types of incoterms. Where can I get training on how to use Incoterms? The ICC national committees worldwide organize different training seminars, online courses, and certificate programs on Incoterms and other related topics. Their Incoterms 2020 professional certification covers each Incoterm’s rules and the corresponding obligations. It is especially helpful for professionals involved in trade and international business transactions, including those working in legal and regulatory affairs. Links to Supporting Information ICC International Chamber of Commerce (ICC) website and ICC Knowledge 2 Go Guide to Incoterms 2020 ICC local ICC country office and country representatives Contact information for your local International Chamber of Commerce Aceris Law Aceris Law also provide information on incoterms ICC ICC Incoterms 2020 Certificate. IOE&IT Export essentials: Incoterms and selling goods overseas – The Institute of Export and International Trade
