When doing (international) business it is important to put agreements clearly on paper. It is easier to make agreements in advance to avoid problems than afterwards when the relationships may be less good. We draw up contracts for you or assess your already drawn up contracts. This could include:
– Terms and Conditions
– Agency contracts
– License agreements
– Contracts for orders
– Cooperation agreements
When drafting international contracts, it is important to state a choice of law (which law applies to the agreement) and choice of forum (which court has jurisdiction) in the contract.
There can be major differences per country. For example, in Spain it is possible to receive customer compensation under certain conditions when terminating a distribution agreement. This is not possible in the Netherlands. Depending on the case, the wrong choice of law in a contract can cost you or your company a lot of money. The same applies to the choice of a competent court. Mentioning in the contract of a choice for a Dutch court as a competent judge compared to, for example, the court in Italy can save you enormous financial and time.
Should it unexpectedly go wrong between you and your contract partner, we can advise you on the various (legal) options. It is important that you get legal advice at an early stage. Perhaps the fulfillment of the agreement may be requested or you can terminate the agreement. It may be necessary to be ahead of your contractual partner in bringing a lawsuit. This can be important if, for example, you can choose to start a procedure in different countries. When your contract partner first starts proceedings in another (perhaps not favorable) country for you, it is often too late to bring the case to a Dutch court and you are unwillingly involved in a foreign procedure with all the inconveniences this entails. .
Would you like advice on drafting a contract or are you having problems with an existing contract partner? Feel free to contact us. Mail to nobel@nobeladvocatuur.nlor call 0031 (0) 88-5387355.