Getting your contracts right: model contracts, clauses and Incoterms® rules

Congratulations, you have successfully taken the first steps to kick-start your global export journey and identified a viable commercial opportunity. You are now looking to transact with a customer or a supplier in a foreign market.  

Get ready to draft, negotiate and conclude your contracts by following these steps:  

• Save time with ICC Model Contracts 
• Include the right clauses and terms 
• Choose the right Incoterms® rules 

This work will be essential to your long-term success, whether you are selling goods to a foreign customer, hiring a commercial agent, entering into a franchising agreement, or choosing a distributor. 

Step 1: Save time with ICC Model Contracts 

Whether negotiating a consultancy agreement abroad, cooperating on major projects or licensing a trademark, ICC Model Contracts help you get your international contracts right. Drafted by legal experts from across ICC’s worldwide network, our range of model contracts provide balanced, neutral templates for use across legal jurisdictions, empowering you to quickly establish an even-handed agreement with parties in another country.

Discover ICC Model Contracts

Learn how to use ICC Model Contracts with our video series

Step 2: Include ICC Model Clauses and Agreements

Clauses and agreements in international contracts specify the commitments of each party. Omitting to include clauses could prove costly in potential disputes which is why it is important to include clauses on confidentiality, contract variation, force majeure and other key areas.

Discover ICC Model Clauses and Agreements

Not sure how to approach data-related clauses?

These publications and solutions are available in several languages. Contact your local ICC national committee to enquire about the availability of translations.

Step 3: Choose the right Incoterms® rules

A key decision to make when drafting your international sale contracts is the selection of the right Incoterms® rules, which define the responsibilities of buyers and sellers in a transaction.

As the creator and guardian of the Incoterms® rules, ICC has made available a range of resources to help you decide which of the 11 Incoterms® 2020 rules to include in your contract.

Tools and resources to choose the right Incoterms® rules 

These publications and solutions are available in several languages. Contact your local ICC national committee to enquire about the availability of translations.