Passages

The International Trade Blog

Mary K. McCormick

Articles Written By Mary K. McCormick

Take a Hard Look at the Force Majeure Clause in Your International Sales Contract

In most standard sales of goods contracts, roughly the last third of the agreement consists of the most standard, little-noticed clauses known as boilerplate. These include clauses on subjects such as Assignment, Waiver, Notices and the like. In most negotiations, the parties spend little or no time focusing on or re-writing these clauses.

One of the typical boilerplate clauses is what is known as a force majeure clause. For sellers of goods, it pays to take some time to focus on this clause.

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The Foreign Corrupt Practices Act (FCPA)

The United States Congress passed the Foreign Corrupt Practices Act (FCPA) in 1977 to make it illegal for U.S. persons and certain foreign entities to make payment to foreign officials to assist in obtaining or retaining business.

In the early years, criminal prosecutions under the FCPA were few and far between. That has changed.

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The Advantages of Arbitration Clauses in International Contracts

Arbitration is a method of dispute resolution that has become very popular in the last 20 years or so for commercial disputes and other areas such as securities, labor, employment and construction. In the international commercial contracts area, arbitration has been a preferred method of dispute resolution for at least 30 years, but most people don’t know why or what advantages there are in using arbitration instead of going to court.

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