14
Sep
2021
0

Clauses In International Agreements

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Tom: It`s possible, the application of the EU under the Brussels reclass regulation and very limited defensive measures is certainly very simple, and it`s very simple. Outside the EU, there are practically two other regimes. There is the Commonwealth, if I can call it that, with a number of other countries where we have reciprocal enforcement agreements in which you can enforce a judgment in both directions by registering with relatively little difficulty and limited defences. So, outside of this regime, you basically remain the rest of the world where you have joint lawsuits, which I mean, you pronounce your judgment and then you start a new action at the place where you want to implement what is called an enforcement measure. This does not mean that the merits are re-examined, it effectively tests whether the court of origin had jurisdiction and a number of other points, but an important point that must be superimposed on all this is that there is the 2005 Hague Convention on the Enforcement of Forum Agreements, which provides that the courts to which exclusive jurisdiction has been delegated, their judgments may be enforced in other States which are Parties to this Convention. At present, the 2005 convention has only been ratified by a small number of countries, Singapore, Mexico and the EU, as a single bloc, making it an important agreement. If we leave the EU next year, everything that happens in terms of implementation will depend, if at all, on the agreement we are going to conclude. If there were no agreement, there could be problems of application within the EU, because the current regime will disappear and we would rely on the Hague Convention, which we have to sign again as a single country, because our accession is currently ensured by the EU. It is a less satisfactory mechanism than the current regime, but it will be better than nothing. The retention of title (RoT) clause is common in international trade. It provides that the seller retains ownership of the goods until full payment of the purchase price and that the seller may recover the goods if the price is not paid. There are several variants of the RoT clause, but the main species can be distinguished: (a) the simple RoT clause, according to which the seller retains ownership until the price is paid, and (2) the extended clause according to which the seller tries to extend its goods to include: the proceeds of a sale of goods and any other indebtedness, which is due to the seller by the buyer. One way to ensure protection, although limited, is to include in the contract a statement confirming that the parties have the right to enter into arbitration agreements.

ICC contracts and model clauses aim to create a solid legal basis on which parties to international treaties can quickly conclude a mutually acceptable agreement in a balanced manner. In international arbitration, the most common issue was the legal capacity of parties acting on behalf of legal persons (e.g. B government) by the persons who execute the arbitration agreement. The contract should allow the use of all international payment methods, including at least: advance payment, unpaid invoice, withdrawal of documents and credit (also known as accrediting). If you operate internationally, a hermetic contract is by far the best way to ensure the predictability and efficiency of your business transactions and to adequately protect your interests in the event of disagreement. Unfortunately, it is common for entrepreneurs in a hurry to close a deal and run their businesses to neglect to take the right time to review the agreements that will govern their business relationships, far to their detriment. Multinational companies usually have their own specific international sales contracts as well as the general conditions of sale and purchase. On the contrary, small and medium-sized businesses tend to use general forms or contract templates, and that is why it is important to negotiate and design the most important clauses. .

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