Can Quillio help with international contracts?
Yes. I review cross-border contracts where one party is Australian. I analyse governing law and jurisdiction clauses, the CISG position (the United Nations Convention on Contracts for the International Sale of Goods, given effect in Australia through State Sale of Goods legislation), and enforceability of judgments and arbitral awards.
Governing law and jurisdiction
I check whether the governing law is sensible for the commercial terms, and whether the jurisdiction clause is exclusive or non-exclusive. I flag "neutral seat" arbitration as a fallback where court jurisdiction is disputed.
CISG
The CISG applies by default to contracts for the sale of goods between parties in contracting states. Australia is a contracting state. I check whether the contract has validly excluded the CISG (most commercial contracts do) and flag when exclusion is absent or ambiguous.
Enforcement
I assess how a judgment or award would be enforced against the counterparty. For court judgments, I apply the Foreign Judgments Act 1991 (Cth) reciprocity list. For arbitral awards, I apply the International Arbitration Act 1974 (Cth) and the New York Convention.
Step-by-step
- Upload the contract. Upload the contract and any international party structure documents.
- Tell me the commercial concern. Payment risk, delivery risk, IP risk — I focus the review.
- Get the memo. I return a cross-border risk memo covering governing law, jurisdiction, CISG, enforcement, and commercial issues.
- Refine. I can redraft the governing law, arbitration, and exclusion clauses.
Common issues
- Parties often pick a governing law without considering enforcement — I push back on the common defaults
- CISG exclusion needs to be explicit — a general choice of Australian law does not exclude it
- I am not fully confident on bilateral treaty positions for every country — I flag where local counsel should confirm
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