In the globalised world, international sale, purchase, leasing, franchising, factoring, exclusive distribution, and patent and know-how licensing relations under international commercial contracts are spreading increasingly (read leggi entry visa and immigration for business in Italy)
International Commercial Contracts in EU
The UE Treaties to protect the proper functioning of the international market make it easier to know what is the law applicable to a contract and which is the competent court to settle disputes for breach of international contractual obligations. The parties choose the applicable law and the competent court to settle international disputes already in the terms of a contract (read more The terms of a international contract). Since international commercial relations between undertakings are increasingly frequent, the EU is taking action to standardise the rules of international commercial law through international conventions and treaties having a broad scope and that are recognised globally (read more international law firm Rome). The main ones are:
- Brussels Convention of 1968
- Rome Convention of 1980
- Community Regulation UE 593/2008
- Vienna Convention on the International Sale of Goods of 1980
- Private law collections of principles and customs of international trade practice developed by the ICC, UNIDROIT, and INCOTERMS
The legally relevant official language of contracts
Contractual clauses must be uniform, unique and understandable without doubts. English is the legally relevant official language of contracts for two reasons:
- It is a universal language and puts the parties on the same level
- Common law is based on the parol evidence rule, a principle which is also found in the legal framework that takes inspiration from the Roman rule in claris non fit interpretatio.
In practice, a Court cannot interpret the contract in the case in which the intention of the parties is clear.
Competent court. Ordinary courts. International arbitration
Ordinary courts and the competent court are identified in the contractual clauses, as well as the choice to submit disputes to international arbitration (read more the new procedure international arbitration more expedite)
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