Commercial contracts

Commercial contract law includes national and international 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. Also, in case you wish to terminate a cooperation, it is very important to approach this in the right way.

International agreements

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

Choice of law – which law is applicable

The choice of law and the choice of forum are an important part of your contract. Opting for foreign law is often a leap of faith. Opting for Dutch 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 can not be deviated from.

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

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.