Browsing All Posts filed under »Contract Law«

Non Disclosure Agreement in Brief

January 8, 2017


Signing of a Non Disclosure Agreement (NDA) is a common business practice, or a prerequisite, before any contract negotiation. So, what is NDA all about? The agreement, in this context, aims to restrict the signing parties to reveal any of the confidential information to the third parties. If the signing party breach this contractual obligation […]

Battle of Forms

December 15, 2015


‘Battle of forms’ is a very common problem in the modern commercial practice. So, what is ‘battle of forms’? A buyer offers to buy goods from another, on his own template of purchase order, which contains its standard conditions of trade. While the seller accepts the buyer’s purchase order, in its confirmation note or invoices, […]

CISG and Formation of Contract

December 14, 2015


One of the reasons that I prefer to adopt The Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG), as the choice of law, for the contract of international sale of goods – because it shares similar principles with English contract law. The following are some of the salient points of CISG, […]

CISG In Brief

December 11, 2015


When I draft a cross-borders contract on sale of good, I prefer to adopt Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) as the preferred choice of law. CISG is the result of United Nations Commission on International Trade Law (UNCITRAL) in harmonizes the law relate to international trade. It becomes binding once the […]

Inchoate Agreement

July 22, 2015


Image courtesy of Jeroen van Oostrom at In practice, the parties in the contract negotiation do not move from total non-agreement to complete agreement at once, except in the simplest contract. The parties may reach consensus on those undisputed terms and clauses first, and leave some questions to be resolved at a later date […]

Withholding Tax In Brief

April 20, 2015


When a corporate counsel negotiate for a cross border transaction with a customer from an uncharted territory, it is important to understand the withholding tax (WHT) requirements of the customer’s residence country. In short, WHT is imposed on non-residents (seller) who has business dealings within a tax jurisdiction. The law will require the customer to […]