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International Sales

Committee Overview                         LPD Sections Overview
Committee Officers    Committee homepage
Committee Conferences
Committee Projects
Committee Publications
Members
Links

Committee Overview

As part of its activities, the International Sales Committee examines legal issues fundamental to the growth and development of international commerce.

The Committee deals extensively with issues relating to international sales contracts, agency and distribution, cross-border acquisitions, warranties and financing of international sales.

In addition to reviewing the current legal position in different countries from a comparative perspective, the Committee also examines international and supranational instruments, such as the United Nations Convention on the International Sale of Goods, Incoterms and the Uniform Customs and Practice for Documentary Credits, as well as, for example, relevant instruments of the European Union and Mercosur.

The Committee also focuses on law reform in the fields of law within its scope, and since 1997 has monitored and offered suggestions in connection with the proposed Hague Convention on International Jurisdiction and the Effects of Foreign judgments in Civil and Commercial Matters.

Additionally, the International Sales Committee works with the following Committees to form the International Sales, Franchising and Product Law Section:

International Franchising
Product Law and Advertising

Government Procurement

The Government Procurement Subcommittee seeks to bring together public procurement professionals from both the public and private sectors, and to keep its members informed as to the latest developments in the public procurement area.  The Subcommittee aims to provide a forum for discussion of procurement laws and regulations, as well as case law, governing both domestic and international procurement processes.  In addition, the Subcommittee shares the expertise of its members through participation in global public procurement discussions, such as participating as an observer to the sessions of the UNCITRAL Working Group on Procurement and providing input regarding the proposed modifications to the UNCITRAL Model Procurement Law and the Guidelines thereto.

Vienna Convention

The Vienna Convention Subcommittee examines and monitors the interpretation of the uniform law for international sales under the 1980 United Nations Convention (CISG) in the different jurisdictions where it is enacted, by reference to both case law and scholarly critique.

Committee Conferences

For further information on any forthcoming or past IBA event, go to the conference homepage   or contact the marketing department.  

Committee Projects

The increasingly borderless world in which many companies regularly conduct business can pose serious challenges for commercial lawyers.  Clients selling goods and services across national borders can trigger a variety of legal issues with which the lawyer will be expected to have familiarity but which may have subtleties and complexities beyond the experience of many practitioners.  Two IBA committees have collaborated on an International Sales Transaction Checklist to help ease the anxiety of lawyers engaged in such transactions.  Through organization and a brief description of the legal, business and financial issues common to such transactions, as well as cross-referencing to relevant web-based and other source materials, the Checklist should serve as a useful tool for the drafting and negotiation of international sales contracts.  Click here to download the Checklist.

Committee Publications

The International Sales Committee produces an annual newsletter.

Committee members can download the latest issue of the newsletter.

For further details of all IBA publications including books, journals, newsletters, conference papers and free guides and materials go to the publications homepage.

Members

Gain access to the IBA Member's Directory   

Links

Global Organisations

World Trade Organization
The World Trade Organization (WTO) is the only global international organisation dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.

International Chamber of Commerce
ICC (International Chamber of Commerce) is the voice of world business championing the global economy as a force for economic growth, job creation and prosperity.  ICC - the world's only truly global business organisation - responds by being more assertive in expressing business views. ICC activities cover a broad spectrum, from arbitration and dispute resolution to making the case for open trade and the market economy system, business self-regulation, fighting corruption or combating commercial crime.

United Nations Conference on Trade and Development (UNCTAD)
Established in 1964, the United Nations Conference on Trade and Development (UNCTAD) aims at the development-friendly integration of developing countries into the world economy. It is the focal point within the United Nations for the integrated treatment of trade and development and the interrelated issues in the areas of finance, technology, investment and sustainable development.

Asia-Pacific Economic Cooperation (APEC)
Asia-Pacific Economic Cooperation, or APEC, is the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region. Unlike the WTO or other multilateral trade bodies, APEC has no treaty obligations required of its participants. Decisions made within APEC are reached by consensus and commitments are undertaken on a voluntary basis. APEC also works to create an environment for the safe and efficient movement of goods, services and people across borders in the region through policy alignment and economic and technical cooperation.

European Chambers of Commerce
The Association of European Chambers of Commerce and Industry represents 41 national associations of Chambers of Commerce and Industry, a European network of 2000 regional and local Chambers with over 17 million member enterprises in Europe.

European Union
This link is to the EU Law and Policy page directing you to further links on Member States' laws, trade policies, customs, enviromental and direction to other research topics relating to doing business in the EU.

Global Information

CIA
This is the CIA 'fact book' on all countries in the world. A good starting point for research into specific issues covered in the itemised topics.

American Bar Association (International Section Links)
This is an excellent website directing you to various lnternational laws and initiatives.

IBA International Sales and Related Commercial Transactions and International Franchising Committee's International Sales Checklist

Asian Countries and Regions

China Council for the Promotion of International Trade
Established in May 1952, China Council for the Promotion of International Trade (CCPIT), also known as China Chamber of International Commerce, comprises VIPS, enterprises and organisations representing the economic and trade sectors in China. It is the most important and the largest institution for the promotion of foreign trade in China.
The aims of the CCPIT are to operate and promote foreign trade, to use foreign investment, to introduce advanced foreign technologies, to conduct activities of Sino-foreign economic and technological cooperation in various forms. It provides various Due Diligence reports for assorted fees.

Federation of Indian Export Organizations
As FIEO’s interests and objectives cover the entire gamut of India’s international trade with special focus on exports, its activities and programmes are multiple and directed towards assisting its members to extend their global reach and increase their exports. In this endeavour, FIEO’s status as the apex export promotion organisation in India calls for its active involvement with the Central and State Governments in constantly improving and upgrading the export policy and the associated administrative, financial and operational machinery of the Central and State Governments, as well as the infrastructural and fiscal support available to exporters.

Hong Kong Trade Development Council
TDC is the global marketing arm and public service hub for Hong Kong-based manufacturers, traders and service exporters. Its activities are especially geared to small and medium-sized enterprises (SMEs), the chief drivers of Hong Kong’s trade.

Japanese Ministry of Economy,Trade and Industry

export-japan.com
Japan's export portal concentrating on helping overseas companies build partnerships with Japanese companies. It offers valuable links to Japanese government departments and Japanese industry associations.

Korea International Trade Association
Over the past half-century, KITA, a non profit business association, has grown into a trade promotion agency representing Korea. KITA provides a variety of direct services such as business arrangements and trade consulting. It also assists trading companies in resolving grievances by reporting them to relevant government authorities. KITA will continue to enhance public awareness on the significance of trade in order to foster and promote Korea's commercial potential with the global community.

Taiwan Fair Trade Commission
The Fair Trade Commission ((FTC)) was established on January 27, 1992 and is under the jurisdiction of the Executive Yuan((the Cabinet)). The FTC is the central competent authority in charge of competition policy and fair trade law in Taiwan. It is charged with drafting fair trade policy, laws, regulations, and investigating and handling various activities acts impeding competition, such as monopolies, mergers, concerted actions, and other restraints on competition or unfair trade practices by on the part of enterprises.

Government Information Office
This is a link to various governmental departments and agencies.

European Countries

France

Agency for the International Promotion of French Technology and Trade
CFME ACTIM is a nonprofit association whose members are French companies and professional organisations. It develops partnerships between French and foreign companies and runs publicly funded programmes to bring companies together through joint ventures, subcontracting, technology transfer, etc.

Germany
In Germany, contracts with foreigners are governed primarily by the general civil law provisions of the Civil Code and the Commercial Code, assuming the law of the Federal Republic of Germany is applicable at all. There is no special code of law that deals specifically with contracts with foreigners.

UK

The Institute of Exports
This site provides overseas market information; access to trade finance advice; downloadable international trade education and training material; online travel advice services; assistance with technical and documentation problems and the UK's most comprehensive database of international trade information and tested global links.

UK Trade & Investment's trade services
UK Trade & Investment's trade services offer support to companies based in the UK to achieve their export potential. Prospective exporters can use the site to searching by country for which more information is desired, business sector in which the exporter is involved or by subjects, which are all found under the general branch of exporting.

North America

International Trade Canada
International Trade Canada (ITCan) supports the development of trade by providing services to exporters, developing policy, and by attracting investment in the Canadian economy.

Export Source Canada

Office of the US Trade Representative
The Office of the US Trade Representative (USTR) is responsible for developing and coordinating US international trade, commodity, and direct investment policy, and overseeing negotiations with other countries. The head of USTR is the US Trade Representative, a Cabinet member who serves as the president’s principal trade advisor, negotiator, and spokesperson on trade issues.

Export.gov
The US Government export portal.

South America

Argentine Chamber of Exporters
Since 1943 the objective has been to improve the competitiveness of Argentina Exports constantly and to expand international trade. Their mission consists of generating great advantages for companies, offering them added value through: Commercial Services; Procedures Technology; International Contacts; Market Research.

Australasia

Australian Trade Commission
The Australian Trade Commission (Austrade) is the Australian Government agency that helps Australian companies win overseas business for their products and services by reducing the time, cost and risk involved in selecting, entering and developing international markets. It is also a comprehensive site for foreigners wishing to create a relationship with Australian companies.



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