International contracts require specialist legal knowledge. Nath Solicitors is a London law firm with an in-depth understanding of international commercial law. In addition we have a global network of trusted partners and affiliates. We work closely with these international advisors to get the best results for our clients.
Why is English jurisdiction important in international contract law?
It is imperative to establish a governing jurisdiction when entering an international contract. It ensures clarity on all issues that might be raised under the agreement. The English courts have an international reputation for being incredibly fair and consistent with commercial law decisions. This provides an attractive reason for organisations to make English law the jurisdiction governing their commercial agreements.
Challenges when drafting and negotiating international contracts
There are several challenges involved when drafting international commercial contracts, including:
- translating technical terms correctly
- legal obligations under the contract can be misunderstood and interpreted differently by the parties, leading to dispute or termination
- the operation of the contract can be affected by cultural differences
How cultural differences influence international contracts
Businesses in some countries prefer agreements based on trust and relationships before they will even consider a written contract. This is especially true in South East Asian cultures where there is a strong custom of ‘face’ (i.e. saving face and face time). This can result in oblique answers in negotiations rather than a firm yes or no.
Doing business in the Middle East can also be vastly different for Westerners. The pace of negotiation is traditionally much slower, and individuals generally prefer face-to-face meetings to email and phone.
At Nath Solicitors our strength lies in understanding these key cultural differences and the challenges and opportunities they bring. Our founder, Shubha Nath, has worked as in-house counsel for Japanese and Korean companies, an experience that has given her a deep understanding of the way the South East Asian business community operates.
We can also engage translators to ensure all parties understand key terms in the contract and will advise you on local customs and etiquette. Our aim is to increase your chances of concluding a successful deal.
To discuss how we can assist you with drafting and negotiating international contracts, please call our London office on 0203 670 5540 or contact us online.