International Contracts (Course, Master)

EENI Business School & HA University

Syllabus of the Online Subject: International Contracts. Vienna Convention. Arbitration. Clauses.

  1. Introduction to International Contracts
  2. Risks in international trade
  3. Instruments of risk minimisation
  4. Guarantees in Foreign Trade
  5. United Nations Commission on International Trade Law (UNCITRAL)
  6. Clauses of an international contract
  7. Anti-corruption clause of the International Chamber of Commerce
  8. Arbitration
  9. Analysis of International Sales Contracts
  10. Examples of contracts:
    1. International distributor
    2. Importer
    3. Agent
  11. Introduction to the Sharia (Islamic law)
  12. Examples of contracts: distributor, importer, and broker

Legislative texts related to International sale of goods (UNCITRAL)

  1. United Nations Convention on Contracts for the International Sale of Goods (1980) [CISG]
  2. Vienna Convention on the Law of Treaties
  3. Hague Conference on Private International Law
  4. Convention on the Limitation Period in the International Sale of Goods
  5. UNCITRAL Model Law on International Commercial Arbitration
  6. UNCITRAL Model Law on International Commercial Conciliation

Rules and conventions related to international transport

  1. Rotterdam Rules
  2. Hamburg Rules
  3. TIR Convention
  4. CMR Convention
  5. e-AWN (electronic Air Waybill)

This Subject aims at familiarising the student with International Contracts as they are used in international trade transactions.

  1. To learn how to implement the main clauses of an international sales contract and how to minimise risks
  2. To know the main international institutions and conferences related to international contracts
  3. To know how to manage an international arbitration process
  4. To know the functioning of an arbitration process

The eLearning Subject “International Contracts” is part of the following Online Higher Education Programs taught by EENI Business School & HA University:
  1. Masters: International Business, Foreign Trade and Marketing, International Transport
  2. Diploma in International Trade
  3. Course: Internationalisation and Investments
  4. Doctorate in Global Trade

Online Students, Master in International Business

Learning materials in Master in International Business in English or Study, Master in International Business in French Contrat international Study Master Doctorate Business in Spanish Contratos internacionales Online Course: Portuguese contratos

  1. Credits of the Online Subject “International Contracts”: 3 ECTS.
  2. Duration: 3 weeks

Area of Knowledge: Foreign trade.

Example of the Online Subject - International Contracts:
Course Master: International Contracts





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Paterson Ngatchou: EENI Academic Coordinator for Anglophone Countries
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Description of the Online Subject - International Contracts:

A contract is a single document, in which the rights and obligations of the exporter and the importer are stipulated. International Trade practice shows that the majority of transactions are carried out without signing a contract.

  1. However, it is strongly recommended establishing an international contract of sale for all international transactions.
  2. One can avoid doubts and misunderstandings concerning what has been agreed during the negotiation of terms if they are set down in writing.
  3. In certain cases, a verbal agreement is legally binding, for example, when an exporter makes a sale at an international fair.
  4. Most foreign trade transactions do not use a formal contract in practice. However, the clauses in the commercial invoice and the incorporation of an appropriate Incoterm in the export price as well as national legislation will nevertheless imply certain obligations on the parties.
  5. In any case; we recommend using a formal contract.
  6. A standard model contract for international sales has been drafted by the International Chamber of Commerce

Anti-corruption Clause of the International Chamber of Commerce
Anti-corruption Clause (International Chamber of Commerce)

CLAUSES.

An international contract is drafted based on the following:

  1. Regulations and practice of international trade (for example, the Incoterms)
  2. Arbitration in international trade (for example, possible dispute resolution)

Here are the usual clauses of an international contract. However, one should call upon the services of a legal advisor to produce a well-prepared contract.

  1. Preamble
  2. Definitions
  3. Duties and obligations
  4. Communication and documentation
  5. Prices
  6. Terms of payment
  7. Penalties
  8. Force majeure
  9. Official authorisations and permits
  10. Dispute resolution
  11. Language
  12. Other condition

Arbitration is a method of dispute resolution relating to international contracts of sale. A well-prepared clause on arbitration provides a basis to conduct arbitration duty in the case of litigation.

The Vienna Convention on International Sales Contracts of Goods regulates the formation of international contracts of sales. The Convention was signed in Austria on 11 April 1980. Forty countries have adopted it, the majority of which are developed. The layout of a contract is left entirely up to companies; it can also be accepted in a verbal form; although there are signatories countries to the Vienna Convention who do not accept verbal agreements and only recognise a written form of a contract. For a contract to be considered accepted the consignee's consent must be obtained. Silence cannot be interpreted as consent.

The delivery of the products must be performed according to what has been stipulated in the contract of sale, and the products must be of the agreed quality, quantity, and type. The products must be inspected as soon as possible and, if the products are non-compliant; it must be communicated to the exporter within a reasonable period.

Vienna Convention (International Contracts)

International Federation of Freight Forwarders Associations (FIATA) Transport Documents and International Contracts

  1. Negotiable Combined Transport Bill of Lading (FIATA FBL): FBL is a transportation contract
  2. Non-negotiable FIATA Multimodal Transport Waybill (FIATA FWB): FWB is a transportation contract
  3. Electronic FIATA Bill of Lading (eFBL Bill of Lading)
  4. Forwarders Certificate of Receipt (FIATA FCR): it is not accepted as a transport document according to the rules of letters of credit.
  5. Forwarders Certificate of Transport (FIATA FCT): FCT is a transportation contract
  6. Warehouse Receipt (FIATA FWR)

 e-AWB. International Air Transport Association (IATA)

Non-negotiable FIATA Multimodal Transport Waybill (FIATA FWB), Course

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