Foreign Trade Contracts

The choice depends on the substance of the transaction, the parties' positions and the intended dispute resolution procedure. It is determined in advance which rules will apply to the contract, how they affect the parties' rights and obligations and where the parties would have to defend their interests.

If the parties choose the law of a foreign state, an adviser from the relevant jurisdiction may be engaged.

Account is taken not only of the convenience of hearing the dispute but also of whether the decision can subsequently be enforced in the country where the counterparty's assets are located.

Depending on the transaction, the parties choose a state court or international commercial arbitration. The dispute resolution terms are agreed together with the governing law and the structure of the transaction itself. Where persons subject to restrictive measures are involved, the exclusive jurisdiction of the Russian commercial (arbitrazh) courts is checked separately.

The contract determines the method of delivery and the allocation of obligations between the parties: who arranges carriage and insurance, where the goods are handed over, when the risk of their accidental loss or damage passes, which documents are transferred and who is responsible for individual stages of delivery.

If the parties use Incoterms delivery terms (international commercial terms), the contract specifies the chosen Incoterms rule and the specific place of delivery. The Incoterms rules do not govern the transfer of title to the goods: the point at which title passes is agreed separately in the contract.

The arrangements depend on the allocation of risks and the parties' capabilities. Advance payment, deferred payment, letters of credit, bank guarantees and other mechanisms are used.

The choice takes into account the risks of the transaction itself, the availability of banking channels, whether the payment can be made and the documents the bank will require to process the operation.

This depends on the parameters of the specific contract and the applicable currency control requirements: not all contracts are registered.

As part of the support, it is determined what obligations arise towards the servicing bank, which documents are submitted and how the terms correspond to actual performance and payments.

Yes. Depending on the transaction, the counterparty itself, the goods, the consignee, banks, carriers and other elements of the chain are checked.

Such a check is carried out before the contract is concluded and performed: restrictions may affect the ability to deliver, to pay or to use particular routes and participants.

First, the consequences of the breach provided for in the contract are determined, and documents confirming the client's own performance are collected.

Depending on the situation, notices are sent, a change to the deadlines or termination of the contract is documented, and claims are made for the return of funds and for damages.

An hourly rate, a fixed fee or a combined model is used; in some cases part of the fee depends on the outcome achieved. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.