What factors to consider when drafting an international sales contract?

When drafting an international sales contract, several factors should be considered to ensure clarity, protection, and compliance. Here are some important factors to keep in mind:

  1. Choice of Law and Jurisdiction: Determine the applicable law that will govern the contract and specify the jurisdiction where disputes will be resolved. This choice should be made after considering the legal systems of the parties involved and their willingness to accept a particular jurisdiction.
  2. Contract Language: Clearly state the language in which the contract will be written. If the parties speak different languages, consider using a bilingual contract or including provisions for translation and interpretation.
  3. Definitions and Interpretation: Define key terms used in the contract to avoid ambiguity and misunderstanding. Ensure that the contract is drafted in a manner that accommodates different legal systems and cultures.
  4. Pricing and Payment Terms: Specify the currency of payment, pricing structure, payment methods, and terms of payment (e.g., upfront payment, installments, or letter of credit). Address any applicable taxes, duties, and currency exchange rate issues.
  5. Delivery Terms: Define the terms and conditions for the delivery of goods or services, including transportation, insurance, packaging, and the transfer of risk from the seller to the buyer. Consider using internationally recognized trade terms such as Incoterms.
  6. Product Specifications and Quality: Clearly outline the specifications, quality standards, and performance criteria of the goods or services being sold. Include provisions for inspection, testing, and acceptance procedures to ensure compliance with the agreed-upon standards.
  7. Intellectual Property Rights: Address the ownership, licensing, and protection of intellectual property rights related to the products or services being sold. Include provisions on confidentiality, trademarks, copyrights, patents, and trade secrets.
  8. Force Majeure and Termination: Include provisions that address unforeseen events or circumstances (force majeure) that may prevent the fulfillment of the contract. Establish termination rights and procedures for breach of contract, non-performance, or other specified events.
  9. Dispute Resolution: Specify the mechanism for resolving disputes, such as negotiation, mediation, or arbitration. Consider whether international arbitration should be included as the preferred method, and if so, determine the arbitration rules and the place of arbitration.
  10. Compliance with Applicable Laws and Regulations: Ensure that the contract complies with relevant international trade laws, export controls, import regulations, sanctions, and any industry-specific regulations or standards.
  11. Language and Cultural Considerations: Be mindful of language and cultural differences when drafting the contract. Consider engaging professional translators or interpreters to ensure accurate communication between the parties.
  12. Professional Legal Advice: Seek the assistance of lawyers experienced in international trade and contracts to review and provide guidance during the drafting process. They can help identify potential pitfalls, offer insights into international trade practices, and ensure compliance with applicable laws.

Remember that every international sales contract is unique, and the specific factors to consider may vary depending on the nature of the transaction, the parties involved, and the relevant industries or sectors.

Please feel free to contact me should you need assistance with drafting an international sales contract. I have several years of experience in advising clients on cross-border transactions.

Sheikh I Najam



Steady increase in Clinical Negligence claims in the UK

The exact number of clinical negligence cases filed in the UK may vary from year to year, and it can be challenging to provide an exact figure. Clinical negligence cases involve medical malpractice or instances where patients have suffered harm due to the negligence of healthcare professionals.

According to available statistics from the National Health Service (NHS) Litigation Authority (now known as NHS Resolution), the number of clinical negligence claims has been steadily increasing over the years. In the 2019-2020 financial year, there were approximately 10,678 new clinical negligence claims reported against NHS organisations in England. This figure includes both resolved and ongoing cases.

According to available information, the NHS paid out a total of £2.4 billion in clinical negligence compensation during the 2019-2020 financial year alone.

It is important to note that this data specifically refers to claims against NHS organisations and doesn't encompass claims against private healthcare providers or cases that may be settled out of court. Additionally, the number of cases may have changed since the last update in September 2021. For the most accurate and up-to-date information, it would be advisable to consult official sources such as NHS Resolution or relevant government bodies responsible for collecting such data.

If you or a loved one has suffered a loss due to the negligence of a medical professional, please feel free to contact me for an informal chat. I'll be happy to guide you on legal options available to you in your specific case.

Sheikh I Najam


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