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Cross-border contracts
Contracts between parties in different countries, drafted to work where they will be performed: governing law, forum, security and enforcement.
An international contract must answer four questions before any commercial clause: which law governs it, which court or arbitrator decides disputes, how obligations are secured and how a decision will be enforced in the debtor's country. Without those answers, the contract holds only while the parties agree.
We draft and negotiate international sale, supply, distribution, agency, services, confidentiality and investment agreements, in Portuguese, English and Spanish, with attention to industry practice and to the applicable foreign-trade and foreign-exchange rules.
Because of our dual admission, the same contract can be read under Brazilian law and under Portuguese or European law, avoiding the most common mistake in Luso-Brazilian contracts: the clause that works in one system and is void in the other.
How we work
- Governing law, forum and security settled before the price is negotiated.
- Bilingual drafts where the parties require them, with the prevailing version defined.
- Enforcement clauses tested against the law of the debtor's country.