Other provisions that could include the treaty as the foreign representative: Finally, in what language should the treaty be designed? In most cases, the treaty should be done in both English and the official language of the foreign country. The fact that both sides agree on a written document cannot guarantee that there will be no disagreement in the future; However, a written document is a useful method to avoid or, at the very least, minimize conflict. The following proposals are not all-inclusive, but offer a few points for your reflection. Start by writing about topics that will be covered in your agreement. Then let your legal counsel incorporate these and other generally accepted practices into your agreement. The exporter is the principal obligatory and should therefore be the party that establishes the representation document. As a general rule, it is not good practice for an exporter to sign a representative agreement presented by the overseas representative or agent, as this psychology creates the conditions for a lack of control and reduces the exporter`s bargaining leverage in the event of a future dispute. If you like an agreement from the potential foreign representative, I suggest you enter it on your own stationery with the corresponding additions/deletes/modifications that you would like to be covered. How do you hold foreign representatives to account? Consider including performance requirements, for example. B a minimum turnover volume and an expected rate of increase. I am not a lawyer and I should not consider this section to provide legal advice. I would like to touch on a few points that you would like to take into account in the preparation of your representation agreement. If you have to terminate the contract, make sure that your contract addresses the following legal issues and provides you with an exit clause: when drafting the contract, you must pay particular attention to safeguarding your company`s interests if the representative proves unsatisfactory.
Your contract may contain a leak clause or establish a specific contract clause. Learn as much as you can about the legal requirements of the representative`s country and receive qualified legal advice for the preparation of the contract.