Commercial Contracting Lawyers

Commercial contract law includes national and international business sales and purchases of goods and services, general terms and conditions as well as joint ventures contracts. Collaborations with, for example, suppliers, franchisees, distributors or foreign partners, should be properly put in writing, in a form of a business contract. Also, in case you wish to terminate a cooperation, it is very important to approach this in the right way.

International contracts and agreements

International agreements not only involve foreign and/or European laws and legal regulations, but often also different languages. The correct translation of legal terms plays a crucial role for both parties. Our international contract law specialists are fluent in Dutch, English, German, Spanish and French. In addition, within our network, we have the abilities to translate any legal document, for example international contracts, that have been drafted or are to be drafted in another language.

Choice of law – which law is applicable to the contract

The choice of law and the choice of forum are an important part of your international contract. Opting for foreign law is often a leap of faith that can complicate the commercial legal protection in the future. Opting for a specific national law usually gives you something to hold on to. No choice is also a choice. In that case, it is often international treaties (e.g. the so-called Rome I Regulation and the Vienna Sales Convention) which imperatively determine which law is applicable and which stipulations cannot be deviated from.

United Nations Convention on Contracts for the International Sale of Goods (CISG)

The CISG (United Nations Convention on Contracts for the International Sale of Goods) applies to international sales contracts between parties in different member states, unless explicitly excluded. It provides a uniform framework for contract formation, performance, and remedies, reducing legal uncertainty and transaction costs for cross-border business, effective when both parties agree.

Article 1 CISG:

This Convention applies to contracts for the sale of goods between parties who are established in different States:
where those States are Contracting States; or
when, according to the rules of private international law, the law of a Contracting State applies.
The fact that parties have their establishments in different States should be disregarded if it does not appear from the contract, or from transactions between, or information provided by, the parties at any time before or at the time of the conclusion of the contract.
For the purposes of the Convention, the nationality of the parties, whether they are traders and whether the contract is civil or commercial in nature are irrelevant.

The CISG is particularly protective of sellers. Its application can be excluded by agreement. This can be advantageous for buyers and disadvantageous for sellers.

It is therefore important to decide whether the CISG should or should not be excluded out from your contract.

Commercial contracts

Our commercial and contract law specialists are highly skilled and experienced in drawing up business contracts. They advise and assist in the following contract law cases, among others:

Disputes concerning performance of a commercial contract.
Dissolution, termination or annulment of contracts.
Compensation of damages (see also our page on liability law).

We assist businesses of all sizes that need a legal advice on their contracts, from listed companies, small and medium-sized companies to start-ups. Our specialty in international contract law makes us stand out and be able to help international companies in particular, but we don’t limit our services.

Get in touch to tell us how we can answer your contract law questions.