Lack of knowledge of the rules of the game in the drafting of international contracts can lead to misunderstandings and costly mistakes. Doing business across borders in Belgium presents foreign companies with the challenge of drafting contract clauses and delivery and payment terms in international contracts that are both enforceable in Belgium and also acceptable to both business partners. Other important clauses for foreign contracts are clauses on the choice of jurisdiction and the law applicable to the contract. In addition, provisions regarding liability for defects and limitations of liability should not be missing.

By drafting your contracts thoughtfully and applying a suitable Incoterms clause, foreign exporters can reduce a large part of the risks in foreign business, provided their negotiating position permits this. The internationally recognised UN Convention on Contracts for the International Sale of Goods offers a certain degree of relief for the legal structuring of cross-border transactions in goods.

The key points relevant to the contract should always be set down in writing for the sake of evidence. This can be done in the form of a contract, but also in the form of an offer with all essential contents and including general terms and conditions.