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How do you resolve cross-border contracts in virtual teams?

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Working in virtual teams across borders can be challenging, especially when it comes to resolving contractual issues. Different countries have different laws, regulations, and customs that can affect the validity, enforceability, and interpretation of contracts. How do you avoid misunderstandings, disputes, and legal risks when dealing with cross-border contracts in virtual teams? Here are some tips to help you navigate this complex area.

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Radityo Dewandaru Basoeki

Commercial Legal Expert - Certified DPO
Muhammad Talha Ibrahim

Drop by drop. You break the rock.
Dr.Abdelrahman Ali

Transformational Leader & Strategic Visionary in Healthcare, Medical Devices, & Pharmaceutical Industries: Driving…

1 Understand the basics

Before you sign or negotiate a contract with a foreign party, you need to understand the basics of contract law and how it applies in different jurisdictions. Contract law is the branch of law that governs the formation, performance, and termination of agreements between parties. It can vary significantly from country to country, depending on the legal system, the culture, and the industry. For example, some countries follow a civil law system, where contracts are based on a detailed set of written rules and codes, while others follow a common law system, where contracts are based on precedents and case law. Some countries also have specific laws or regulations for certain types of contracts, such as employment contracts, consumer contracts, or intellectual property contracts.

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Muhammad Talha Ibrahim

Drop by drop. You break the rock.
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These situations are rare as if the parties are working in smooth way than it doesn`t happen. When such conflict of interest begin it is better to avoid and to resolve via direct communication method. Because if we choose law method than it varies with different country. So before stating any project try to agree the other one on the same points which was developed by you.

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Radityo Dewandaru Basoeki

Commercial Legal Expert - Certified DPO
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Amongst these discrepancies between the existing legal system, when putting it aside, one should be skilled in performing due dilligence for its counterpart, a legal skill that applies to every jurisdiction. By understanding how to perform a due dilligence task, a party will be prevented from a fundamental mistake: failing to acknowledge its counterpart’s legal capacity to be bound in a contract.

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Maria Fernanda Sanchez

Abogado Senior - sector farmacéutico y alimentos
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Lo primero que se debe hacer es realizar una diligencia debida a tu contraparte, esto ayudará a saber en qué forma debes blindar el contrato para que el riesgo de una demanda sea bajo. Así mismo se deberá investigar legalmente el tipo de regulación que se aplica para el negocio que se va a realizar. The first step is to conduct due diligence on your counterpart; this will help determine the appropriate measures to safeguard the contract and minimize the risk of legal action. Simultaneously, it is imperative to conduct a legal investigation to ascertain the specific regulations governing the business activity to be undertaken.

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2 Choose the governing law and jurisdiction

One of the most important aspects of a cross-border contract is to choose the governing law and jurisdiction. The governing law is the law that will apply to the interpretation and enforcement of the contract, while the jurisdiction is the court or tribunal that will have the authority to hear and resolve any disputes arising from the contract. Choosing the governing law and jurisdiction can have a significant impact on your rights and obligations under the contract, as well as the costs and risks involved in resolving any conflicts. Therefore, you should choose them carefully and explicitly state them in the contract. You should also consult a legal expert or a local representative who can advise you on the best options for your situation.

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Radityo Dewandaru Basoeki

Commercial Legal Expert - Certified DPO
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In case you are not able to determine which governing law is suitanle for you, and whenever each party persists in its own national law, which occasionally takes time, it is preferable for you to start negotiating international law as your contract’s governing law, for example, the most common international contract law mostly favored that i might suggest is the UN Convention on Contracts for the International Sales of Goods

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Maria Fernanda Sanchez

Abogado Senior - sector farmacéutico y alimentos
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Tratar en la medida de los posible que tanto la ley aplicable como la jurisdicción sea la misma esto por temas económicos y prácticos. Strive, to the extent possible, for both the applicable law and jurisdiction to be the same, primarily for economic and practical considerations.

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3 Use clear and consistent language

Another key factor in resolving cross-border contracts in virtual teams is to use clear and consistent language in the contract. Language barriers can cause misunderstandings, ambiguities, and errors that can lead to disputes or litigation. Therefore, you should use simple and precise language that avoids jargon, slang, or idioms that may not be understood or translated accurately by the other party. You should also use consistent terminology and definitions throughout the contract, and avoid using multiple languages or versions of the contract that may create confusion or inconsistency. If you need to use a translation service, make sure it is reliable and professional, and that you have a proofreading and verification process in place.

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Maria Fernanda Sanchez

Abogado Senior - sector farmacéutico y alimentos
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Esencial que en los contratos exista las definiciones para las palabras clave, ya que todos deben estar alineados con lo que significa para las partes lo que se quiere decir. It is essential that contracts include definitions for key terms, as alignment regarding the intended meaning of these terms is crucial for all parties involved.

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4 Incorporate dispute resolution clauses

Even if you follow the previous tips, you may still encounter disputes or disagreements with the other party over the contract. To avoid escalating the conflict or resorting to costly and time-consuming litigation, you should incorporate dispute resolution clauses in the contract. Dispute resolution clauses are provisions that specify how the parties will handle and resolve any issues or conflicts arising from the contract. They can include methods such as negotiation, mediation, arbitration, or litigation, as well as the rules, procedures, and criteria for each method. By incorporating dispute resolution clauses, you can reduce the uncertainty and complexity of dealing with cross-border contracts in virtual teams, and increase the chances of reaching a satisfactory and amicable solution.

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Maria Fernanda Sanchez

Abogado Senior - sector farmacéutico y alimentos
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Las cláusulas sobre resolución de disputas son de las importantes, ya que la idea es no escalar los problemas que se tengan a litigios (que si son arbitrales pueden llegar a ser muy costosos) sino que en periodos de tiempos cortos se puedan resolver (remedios). Dispute resolution clauses are very important, as the objective is to avoid escalating issues to litigation, which, if handled through arbitration, can become prohibitively expensive. The aim is to facilitate timely resolution, or remedies, within short timeframes.

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5 Communicate and collaborate effectively

Finally, resolving cross-border contracts in virtual teams requires effective communication and collaboration among the parties. Communication and collaboration are essential for establishing trust, understanding, and alignment among the parties, as well as for preventing or resolving any potential problems or misunderstandings. To communicate and collaborate effectively, you should use appropriate and reliable tools and platforms, such as email, video conferencing, chat, or project management software, that allow you to exchange information, feedback, and documents in a timely and secure manner. You should also respect the cultural and linguistic differences of the other party, and adapt your communication style and etiquette accordingly. Moreover, you should maintain regular and transparent communication and collaboration throughout the contract lifecycle, from negotiation to execution to termination, and address any issues or concerns promptly and respectfully.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Dr.Abdelrahman Ali

Transformational Leader & Strategic Visionary in Healthcare, Medical Devices, & Pharmaceutical Industries: Driving Growth, Excellence, & Innovative Solutions for Improved Patient Outcomes & Business Success
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Make a standard agreement and then customized to align with the government of each region independently Priorities it on three section what is mandatory , What can be denied What can be replaceable by another terms? Then draft what suit to each case

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How do you resolve cross-border contracts in virtual teams?

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3

4

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6

1 Understand the basics

2 Choose the governing law and jurisdiction

3 Use clear and consistent language

4 Incorporate dispute resolution clauses

5 Communicate and collaborate effectively

6 Here’s what else to consider

Working Abroad

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How do you resolve cross-border contracts in virtual teams?

1

2

3

4

5

6

1 Understand the basics

2 Choose the governing law and jurisdiction

3 Use clear and consistent language

4 Incorporate dispute resolution clauses

5 Communicate and collaborate effectively

6 Here’s what else to consider

Working Abroad

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