Drafting Cross Border Commercial Contracts

Negotiating and drafting cross-border commercial contracts can be rather challenging. With differences in common law and civil law jurisdictions, decisions regarding commercial terms and dispute arbitrations can significantly affect the future of the contract. Here are a few tips from co-founder / co-director of the Institute for Dispute Resolution Karen DeSoto. Negotiating and drafting cross-border commercial contracts can be rather challenging. With differences in common law and civil law jurisdictions, decisions regarding commercial terms and dispute arbitrations can significantly affect the future of the contract. Here are a few tips from co-founder / co-director of the Institute for Dispute Resolution Karen DeSoto.

Have Clarity on What the Deal is about

A good commercial agreement is detailed and effectively recites the intent of all the parties in a simple, consistent and comprehensive manner. The agreement must provide a robust understanding of the regulatory — as well as the technical requirements of the relevant industry — allowing parties to satisfactorily negotiate a contract that protects everyone involved, and also allows them to reach the intended goals.

Anticipate the Demands of the Other Parties

Make sure you make well researched and educated guesses about what the other parties’ requirements will be and incorporate elements that seem viable to you into your draft agreement. Choosing to draft a one-sided agreement or refusing all the change requests may result in a complete breakdown of a possible contract. If your transaction is with a non-English-speaking country, remember that the lawyer may not have the best command of the language and may come with a disadvantage when drafting the contract. By showing that you are taking into account their requirement, will highlight your positive intent and result in a favourable deal.

Identify not only the terms if things go well, but also the remedies if things don’t go as intended.

Finally, when involving yourself with any international transaction, investigate the issues that may result in negative publicity for your company. Make sure you are free of any criminal liability, issues related to child labour, local privacy laws, tax frauds and antitrust issues.

How Well Do You Know Your Rights As A Disabled Employee?

People with impairments that significantly limit major life activity are often covered under the Americans with Disabilities Act. Here are a few things that Human Rights activist Karen DeSoto feels you must know.

What is Covered?

The impairment doesn’t necessarily have to be a physical one only. It can be a mental one as well. However, weight, height, pregnancy and homosexuality are not covered. Pregnancy is covered under a separate type of discrimination act. Furthermore, the impairment needn’t necessarily be a permanent one.

Are all Employers Covered?

An employer is only bound by this Act if the company has 15 employees or more. However, your state or county may individually have anti-discrimination laws that are relevant to companies with smaller employee strength.

What do you mean by Major Life Activities?

Activities such as caring for yourself, walking, seeing, hearing, speaking, learning, sitting, standing, lifting, concentrating, thinking, working, breathing, performing manual tasks and interacting with others all come under the umbrella of major life activities.

To be covered under this Act, your disability must significantly limit your ability to perform one or more of the above-mentioned activities as compared to how average people perform them. If your case goes to court, they will weight the severity and nature of your disability along with the long-term impact it has on your ability to work.

Also, it is important to know that even if you aren’t currently disabled you may still be protected under this Act if you have a recorded disability. This is relevant in case of a history of a substantially limiting impairment or in case you have been misclassified as having one.