In a context of economical internationalization of enterprises, it is very important that these count on the required advisory assistance, because, international commercial transactions imply assuming multiple risks and dealing with new situations and completely unknown legal rules (because the applicable law to the conflict may be not always the spanish one).
The major concern of enterprises when they are acting in the international traffic is securize the operation and to minimize the risks that this kind of transactions carry per se. Among other factors, aloofness of the parties may hamper their mutual understanding.
The international legal community, aware of this situation, has been adopting different texts of both hard and
- The States, through different international organizations as the “United Nations Commission on International Trade Law” (UNCITRAL), have created an international regulation whose aim is precisely minimize the risks and harmonize their respective internal regulations in the field of International Commerce. As an example, we can mention the “United Nations Convention on contracts fro the International Sale of Goods” (Viena 1980).
- Additionally, Non Governmental Organizations as the International Chamber of Commerce of Paris (ICC) have started up non binding rules, in order to harmonize certain aspects of the commercial practice, and, that in practice are commonly used by the commercial operators as for example Uniform Customs and Practice for Documentary Credits (i.e. UCP 600). or commercial terms INCOTERMS (R) 2010.
- On the other hand, International Institute for the Unification of Private Law (UNIDROIT), created the “Principles of commercial international contracting” in 1994 , whose latest edition is of 2010 (UNIDROIT Principles 2010), which ought to be taken into account when accomplishing international commercial transactions.
- The complexity of legal reality in the scope of commercial operations exceeds the legal notions of enterprises, and hampers that they could reach their ultimate aim, which consists on growing their business. Aware of this, in SANCHIS & PARTNERS we want our clients to rely on us, in order to accomplish this task. Accordingly, we count in our team with lawyers specializing in International Commercial Law.