Some typical terms of foreign trade contracts with parallel texts (in Russian and English), 2021, 2021 - Property purchase and sale agreement

In the era of the global economy, your success depends not only on knowledge in various areas of business, but also on the ability to freely communicate and conduct business correspondence with colleagues, clients or partners from abroad.

English is an international language. The language of diplomacy and business. Therefore, both in cooperation with the USA and with Germany or China, the original working documents will be written in this language.

Today's article is about legal contracts. How to draw up and sign an agreement with a foreign partner if you did not receive a law degree from Harvard?

Features of Legal English

If economic (business) English is more or less understandable to anyone with an average or good level of language proficiency and, as a rule, is built on templates that can easily be found on the Internet, then with legal English the situation is a little different.

Some of the characteristics:

Unusual sentence structure. These include: incorrect and atypical use of punctuation marks, borrowed words and expressions (for example, “inter alia” instead of “amongst others”), the use of unusual pronouns (hereinto).

A large number of words that are incomprehensible to the average person : legal terms, legal jargon, archaisms (outdated words), homonym words (which in everyday speech have one meaning, but in a contract a completely different one).

An example of a homonym - relief - has several meanings in legal and colloquial languages . Relief, consolation, remedy, satisfaction of claim, exemption from payment, and so on.

So it turns out that “Legal English” is an endless combination of verbosity and obscurity.

Documents found on the topic “export contract with parallel text”

Some typical terms of foreign trade contracts with parallel texts (in Russian and English) Agreement for the purchase and sale of property → Some typical terms of foreign trade contracts with parallel texts (in Russian and English)
... by the seller and execution of the present contract at his expense. are to be paid by the sellers and for their account. obtaining export licenses, the seller is bound to obtain if any are required, lies with export licenses if such are the seller’s responsibilities...
Export Contract for the supply of goods
Agreement for the supply of goods, products → Export contract for the supply of goods
... in paragraph 14. 6 documents 6.1, the seller with the consignment of goods is obliged to provide the buyer with: a copy of the bill of lading an export certificate, an auction sheet (description of the technical characteristics of the car), an invoice. I am delivering these documents...
Export Contract for the supply of petroleum products
Agreement for the supply of goods, products → Export contract for the supply of petroleum products
... on the terms of dap-border of the Russian Federation (Incoterms 2010). 3.4. all expenses incurred by the seller in the territory of the Russian Federation, including payment of export customs duties, taxes, and other costs incurred by the seller in connection with the delivery of goods to the delivery point specified in clause 3...
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Export Contract for the supply of coal
Agreement for the supply of goods, products → Export contract for the supply of coal
Contract No. "" 20 , city (Russia), hereinafter referred to as the “seller”, represented by , acting on the basis...
Export Contract for the supply of fuel oil
Agreement for the supply of goods, products → Export contract for the supply of fuel oil
...manufacturer (original); sgs or saybolt quality certificate (copies); invoice (original). 5.4. All export taxes are paid by the seller. 5.5. ownership of the goods and all associated risks, including the risks of accidental destruction...
Export Contract for the supply of coal
Agreement for the supply of goods, products → Export contract for the supply of coal
...a cargo manifest indicating the numbers of wagons and weight (copy), a manufacturer's quality certificate (original), a copy of the export cargo customs declaration (CCD). the seller will send by email within 7 banking days from the date of shipment...
Export Contract purchase and sale of goods
Contract for the supply of goods, products → Export contract for the purchase and sale of goods
Contract No. (Russia) ""201, which is a legal entity under the laws of the Russian Federation, named...
Export Contract purchase and sale of goods (option 2)
Agreement for the supply of goods, products → Export contract for the purchase and sale of goods (option 2)
...I'm a buyer. 5. obligations of the parties. 5.1 the supplier is obliged to: obtain, at his own risk and expense an export license or other permits from government authorities and complete all customs formalities necessary for the export of goods…
Export Contract purchase and sale of petroleum products
Contract for the purchase and sale of property → Export contract for the purchase and sale of petroleum products
contract "" 20, hereinafter referred to as the "seller", represented by acting on the basis of one...
Sample. Text notifications to creditors about the liquidation of the enterprise
Founding agreements, charters → Sample. Text of the notice to creditors about the liquidation of the enterprise
text of the notice to creditors about the liquidation of the enterprise; form of the enterprise to the director (name of the creditor enterprise JSC) ...
Sample. Text publications on the liquidation of an enterprise, the procedure and deadline for filing claims by creditors
Founding agreements, charters → Sample. Text of the publication on the liquidation of an enterprise, the procedure and deadline for filing claims by creditors
text of the publication on the liquidation of an enterprise, the procedure and deadline for filing claims by creditors +-+ joint-stock company (...
Sample. Text publications on the liquidation of an enterprise, the procedure and deadline for filing claims by creditors
Founding agreements, charters → Sample. Text of the publication on the liquidation of an enterprise, the procedure and deadline for filing claims by creditors
text of the publication on the liquidation of the enterprise, the procedure and deadline for filing claims by creditors joint stock company (open/for...
Sample. Act of failure of the client to fulfill the trust contract (attachment to trust contract (for individuals))
Contract for management of funds and property → Sample. Act on the client’s failure to fulfill the trust contract (annex to the trust contract (for individuals))
Annex 4 to trust contract no. dated “” 20, act on the client’s failure to comply with the terms of the trust contract no. from "" 20, I hereby notify that...
Sample. Text notifications to debtors about the liquidation of the enterprise and debt collection
Founding agreements, charters → Sample. Text of the notification to debtors about the liquidation of the enterprise and debt collection
text of the notice to debtors about the liquidation of the enterprise and collection of debt; form of the enterprise to the director (name ...
Sample. An act of failure by a firm to fulfill a trust contract (attachment to trust contract (for individuals))
Contract for management of funds and property → Sample. Act on the company’s failure to fulfill the trust contract (annex to the trust contract (for individuals))
Annex 5 to trust contract no. dated "" 20, act of non-fulfillment of trust contract no. dated "" 20, the company hereby certifies that...

Legal English: Dictionary of Clericalisms

In business English, certain clericalisms are often used. We advise you to remember them and use them in the future when drawing up contracts.

have agreed at follows - reached an agreement in the next hereinafter called - further called on the one hand - on the one hand on the other hand - on the other hand company undertakes - the company undertakes represented by somebody - represented by someone be responsible for - to be responsible for done in two copies written agreement fixed in contract No. in the Supplement No. as done possible damages possible losses

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Transactions, agreements and packages of documents in English

↓ Legal services for projects in English as the main language of transaction

↓ Improved legal solutions “in the field of English”

↓ Consulting, research, analysis of transactions and conditions, editing and development of contracts

↓ Analysis of packages of contracts, documents, legal acts in English

↓ Definition or development of the legal concept of a transaction in English

↓ Development and formulation of the terms of a specific contract in English

↓ Use of international English expressions, wording, speech patterns

↓ Verification of special English terms and unity of terminology in the contract

↓ Clear, competent English text of contracts for English-speaking partners

↓ Comments on the contract and documents for the client in Russian

↓ Legal argumentation for a foreign partner in English

↓ Support for resolving transaction situations in English

↓ Cost and terms of services upon request for a specific project or situation

→ Services under bilingual contracts in English and Russian

→ Translation of contracts into English as legal services

→ Services for checking and developing foreign agreements and partner contracts

→ Legal support for concluding contracts with English-speaking partners
Legal services for projects in English as the main language of the transaction

These legal services are intended for projects and situations where the Russian party or a party with Russian participation needs to conclude, verify, (re)structure, amend a contract, agreement or agreement with accompanying documents with foreign partners in English as the main language of the transaction. There may also be cases of the need for pre-trial (analytical, contractual) resolution of the situation in English as the main working language of negotiations and documents.

The essence of the services is to build improved legal solutions “in the field of the English language”, using in specific projects and situations legal concepts, legal techniques, contractual measures to minimize risks and take advantage of profitable opportunities based on the terminology, wording and legal relationships of English versions of international legal acts, publications of international organizations and contractual practices of foreign partners from English-speaking countries.

Such projects and situations may be the export of goods from the Russian Federation to English-speaking buyers, the import of goods into the Russian Federation from large foreign suppliers with their own conditions and packages of documents, foreign trade projects in the field of services, works, software development and software licenses for transactions with English-speaking partners, contracts with foreign counterparties abroad on behalf of a controlled foreign company (CFC), contract manufacturing abroad, purchase and supply of goods abroad without import into the Russian Federation, framework distribution agreements, general cooperation (partnership) agreements, shareholder agreements between CFC partners or in connection with participation in an independent foreign company, packages of corporate documents of foreign companies, packages of documents on investment projects abroad, memorandums of understanding, confidentiality and non-disclosure agreements (NDAs), non-competition agreements, options, transactions and agreements between individuals, agreements with foreign banks on accounts abroad and securities (IFI) abroad, additional agreements to contracts for the purpose of resolving disagreements, agreements on collateral, surety, guarantees, letters of credit, insurance, general conditions of sales and general conditions for the provision of services, performance of work, conditions of warranty service, terms of technical support, consent to the provision and processing of personal data, etc.

▲ Improved legal solutions “in the field of English” ▲

In general, legal decisions in English-language international and foreign practice, as a rule, are more detailed than in Russian business practice. In specific situations, this allows for increased protection of interests and reduced risks, which can be illustrated by the following examples:

Practice in the Russian Federation	Practice in the USA
▼	▼

Russian practice	International practice
▼	▼
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Reducing the scope of obligations by replacing the “best efforts” condition with “reasonable efforts” based on the international legal systemic comparison of the articles of the contract of a foreign partner for a distribution project in the EU:

Limitation of contractual obligations and liability of a Russian reseller when purchasing and supplying goods from Turkey to a special order of a foreign buyer from Switzerland, using the provisions of the Vienna Convention on Contracts for the International Sale of Goods of 1980:

The Product to be delivered hereunder, is intended for the packaging of goods in international air carriage. However, for the purposes of article 35 of the 1980 UN Vienna Convention on Contracts for the International Sale of Goods the Buyer expressly acknowledges that regarding this particular purpose to which the Product is to be fit, the Buyer does not rely on Supplier´s skill and judgment.

The risks of any damage to the Product and any modification of quality specifications of the Product shall pass on the Buyer at the time of acceptance of the Product by the Consignee pursuant to the terms and conditions of the Product General Specification. For the purposes of article 36 of the 1980 UN Vienna Convention on Contracts for the International Sale of Goods the Supplier does not specify any warranty period of time within which the Product will remain fit for its ordinary purpose or for the above said particular purpose or will retain specified qualities or features.

Consulting, research, analysis of transactions and conditions, editing and development of contracts

In general and depending on the specific situation, legal services for English-language transactions and contracts may include:

brief and detailed oral initial consultations and legal expertise on general issues of international transactions in English
preliminary analysis and oral consultation and legal expertise on submitted English-language contracts, documents and information and questions posed
written consultation on English-language treaties on international law and (or) the law of the Russian Federation and foreign trade practice
legal opinions on certain issues of English-language treaties on international law and (or) the law of the Russian Federation and foreign trade practice
legal audit of submitted English-language contracts and agreements for risks and legal opportunities
legal research on the issues of submitted contracts in English, analysis of legal information on the websites of foreign partners
analysis of packages of contracts, documents, legal acts in English
defining or developing the legal concept of a transaction in English
legal memoranda on questions raised and given situations outlining legal analysis, conclusions, recommendations, comments
presentation of legal analysis, conclusions, legal decisions:
and/or written abstracts
and (or) in the form of collections of key extracts from submitted contracts and documents
and (or) in legal opinions on certain issues of the situation
and (or) in detailed written consultation
and (or) in the form of reports on legal research on the issues raised
or in a general legal memorandum

if necessary, amending existing contracts and documents/draft documents, or preparing additional or new agreements and documents
translation of contracts and packages of documents into English with editing of terms and wording
translation of contracts in the Russian Federation into English with their adaptation for foreign trade activities
translation of Russian contracts and documents into English and their adaptation to foreign trade activities
bringing a foreign foreign trade contract into conformity with international law
adaptation of a foreign contract to international law and foreign trade practice in order to protect interests and minimize risks
bringing a foreign foreign trade contract into compliance with the law of the Russian Federation and the requirements in the Russian Federation
adaptation of a foreign contract to the law of the Russian Federation and requirements in the Russian Federation, foreign trade practice in the Russian Federation in order to protect interests and minimize risks
drawing up or developing a contract, agreement, agreement in English
comments on the drafted/developed contract for the client in Russian
legal argumentation of the terms of the contract for a foreign counterparty in English
coordination of legal decisions, contracts, agreements, documents with the client
legal support for concluding transactions in English in the form of repetition of the above services for new (interim, negotiation) editions of contracts and documents

Analysis of packages of contracts, documents, legal acts in English

In a number of cases where Russian citizens and companies operate abroad, it becomes necessary to sign packages of contracts and documents in English. This is especially true for relations with foreign banks when opening foreign accounts, choosing the terms of banking services, packages of banking services for operations with securities (IFI) of the client. In other cases, the Russian side actually has to agree to standard contracts, conditions, invoices in English from a large foreign service provider, especially in the IT sector, or the documents are already drawn up and cannot be changed, as is the case with packages of corporate documents of foreign companies.

As a rule, such packages of agreements, documents, and general conditions contain references to specific foreign laws and other legal acts. At the same time, any changes in these packages of documents at the request of the Russian side are very problematic or even impossible. In this regard, there is a need to check the content of such foreign legal acts in English using available sources and resources in the order of legal research.

In such cases, a service of legal analysis, research and development of legal solutions to the situation may be offered, including:

checking the compliance of the package of contracts and documents in English under consideration with the mandatory requirements of the legislation of the Russian Federation, and in case of non-compliance, what legal solutions may be available on this problem
assessment of the risks of signing the package of contracts and documents under consideration for the purpose of adverse consequences under the legislation of the Russian Federation and non-compliance with the usual requirements of the regulatory authorities of the Russian Federation, as well as the possibility of minimizing these risks
analysis, legal research and indication of the optimal options from the acceptable different options for signing the package of contracts and documents under consideration (choosing a service package from different service packages, signing the minimum required documents, signing documents with reservations, features of filling out document fields, requesting explanatory letters from a foreign partner, drawing up additional documents, etc.)
presentation of legal analysis, conclusions, legal decisions:

and (or) in the form of collections of key extracts from the submitted contracts and documents in English with their translation and comments in Russian
and (or) in the form of reports in Russian on legal research with links to foreign laws and legal acts in the package of agreements and documents in question
or in a general legal memorandum in Russian

preparation of requests, letters to a foreign partner in English or in bilingual English/Russian format. with legal argumentation of the position of the Russian side
support for coordinating the developed position of the Russian side with the foreign partner, introducing changes and additions to it if necessary

Defining or developing the legal concept of a transaction in English

The legal concept of a transaction is understood as the general structure of legal relations between the parties, the general legal form for the implementation of commercial actions, and the set of basic legal conditions of the transaction. Depending on the types and characteristics of transactions, such a legal structure may be different. In the same situation there may be different options for the legal relations of the parties to the transaction. For the execution and implementation of one transaction, different types of contracts and documents and, accordingly, different legal consequences may be possible. In addition, the legal concept of the transaction depends on the applicable prohibitions and restrictions, permitted legal options, favorable or unfavorable legal consequences (risks), organizational and legal forms of the parties to the transaction, supply schemes and payment / settlement schemes:

More details on the page Analytical legal decisions on projects in the Russian Federation and abroad

In particular, one of the main differences between international transactions and contracts is their legal regulation, first of all, not by the norms of national legislation of specific countries, but by international law and customs. International law is an independent sphere of legal regulation and practice that differs significantly from national laws and national business customs. From the point of view of protecting the interests of Russian participants in foreign trade activities and individuals, in many cases this makes it possible to ensure that the national legal norms and customs of the countries of foreign partners are not applied to the agreement and are based on accessible and understandable international legal rules.

Thus, for transactions and agreements not related to the Russian Federation in English, as the basis for the relations of the parties, it makes sense to emphasize in the agreement the international nature of such transactions and agreements.

In general, for simple projects in English, the optimal legal concept of the transaction can be determined during an oral discussion in the format of an initial consultation and legal examination. For specific, complicated, atypical projects, to resolve issues regarding the legal concept of a transaction, separate legal developments may be required, similar to the service of legal analysis, research and development of legal solutions.

Development and formulation of the terms of a specific contract in English

In cases where it is necessary to create a new contract in English, the main attention is paid to the “sensitive elements”, key conditions, and important aspects of a particular contract. When formulating them in the interests of the Russian side, various legal techniques can be used, taking into account the peculiarities of the English language - definition of the main terms and concepts under the contract, verbose presentation of complex concepts and conditions to eliminate ambiguity, highlighting significant circumstances, their consolidation in different conditions and contexts of the contract, construction algorithms for fulfilling obligations depending on the security conditions, “blurring” the problematic conditions of foreign partners, limiting the liability of the Russian side in various cases and grounds, etc. For other provisions of the contract, standard English-language legal solutions can be used with their adaptation to a specific situation.

Increased attention to the key terms of a specific contract in English is to develop and formulate these terms based on their characteristics in a particular situation. Depending on the contractual situation, such features may be:

▲ Application of international English expressions, wording, speech patterns

. Proper and accurate transmission of the meaning of the terms of a specific transaction in English is ensured by the use in the contract and documents thereof of expressions, formulations, figures of speech from the English editions applicable to the contract or generally recognized international legal acts and authoritative international publications.

Within the framework of these services, the English texts of the UNIDROIT Principles of International Commercial Agreements (latest edition 2021), the UN Vienna Convention on Contracts for the International Sale of Goods of 1980, double taxation agreements, standard OECD on the automatic exchange of information on financial accounts for tax matters (CRS), FATF recommendations, publications of the International Chamber of Commerce on Incoterms and ICC comments on the practical application of Incoterms, etc.

▲ Verification of special English terms and unity of terminology in the contract

. The correct use of special English terms in a contract is one of the main differences between the qualified preparation of a contract in English and contracts translated into English by automatic translation programs or drawn up in English without due attention to terminology. Contract terminology should include both special words-terms and concepts, phrases and expressions repeated in the contract, as well as English language expressions on key rights, obligations, risks, expenses of the parties.

Special contract terms can be defined in one of the introductory articles of the contract based on the characteristics of the transaction, project, or situation. Or the need to use special terms in the contract may follow from applicable legal acts and customs. In the first case, within the framework of these legal services, the contract ensures the identification of key terms in the transaction and the uniformity of their use throughout the text of the contract. In the second case, special terms are used in the contract in accordance with the English texts of specialized international legal norms and customs - such as ICC publications on letters of credit, bank guarantees, collection, Incoterms, force majeure, hardship, arbitration clauses of international arbitrations, international norms on integrity and fair business practices, etc.

▲ Clear, competent English text of contracts for English-speaking partners

. Within the framework of these services, solutions to legal issues in English are offered in such a way as to adequately take into account the peculiarities of the mentality of both the Russian side and its foreign partner (partners). The language, terms, and wording of the contract should, if possible, be understood equally by both parties to the contract. Most problems in the implementation of international commercial contracts and agreements arise, as a rule, precisely because of the difference in the parties’ ideas about the obligations assumed under the contract, different understanding of the key points of the contract, different attitudes towards shortcomings or failure to fulfill the contract by the other party, different perceptions of arguments and circumstances by contract. Therefore, it is important to identify all these potential problems in advance and take them into account when working out the transaction.

One of the methods of combining the mentalities of partners from different countries in a contract is the “English” style of contract. Its essence is a verbose statement of key conditions. Moreover, they can also be duplicated in different articles of the contract and described in different contexts. Although in such cases the contracts can be very lengthy, this method eliminates the ambiguity of the contractual terms.

Other methods include identifying key terms under the contract in a special introductory article, introducing into the contract or agreement an article on the goals and statements of the parties or their presentation in the preamble (whereas ...), detailing unclear concepts, using conceptual terms from the pre-contractual correspondence of the parties in the contract, explanatory phrases in the contract itself.

In the case of projects with foreign partners from the USA, UK and some other countries with a precedent system of law, English-language contracts in English can additionally be developed in a form familiar to such partners and with conditions and wording familiar to them. This may be expressed in the peculiarities of the structure of the contract, its preamble or indication of statements and (or) goals of the parties, in the terms of limitation of liability, on intellectual property rights, in numerous standard clauses on the headings of articles, (in)divisibility of the contract, notifications, assignment of rights, language of the contract, “cumulative” rights under the contract, absence of waiver of rights, invalid conditions, calculation and expiration of terms, etc.

▲ Comments on the contract and documents for the client in Russian

. Written comments and explanations for the client may be part of the legal analysis service for the submitted contract or an optional component of the service for developing a new contract.

Comments and explanations represent legal consulting on a contract and documents in English in a specific situation in the form of an opinion on important, but not directly reflected in the moments moments, nuances, pitfalls, implicit risks, favorable opportunities, in the form of links to legal rules that served as the basis for formulating specific terms of the contract or creating risks or opportunities for benefits under the contract, in the form of an explanation of legal terms, concepts, expressions, in the form of indicating implicit connections between different articles of the contract and in general with the situation / project under the contract, in the form of an indication necessary or appropriate actions to resolve a particular issue under the contract based on international legal regulation and (or) foreign trade practice, etc.

▲ Legal argumentation for a foreign partner in English

. Written arguments and justifications for the terms of the contract and documents for counterparties and partners can be an optional component of the legal analysis service of the submitted contract or an optional component of the service for the development of a new contract.

In general, for such argumentation the results of special legal research and legal analysis of foreign trade practice are used. In relation to the actual terms of the contract, such argumentation may include implicit statements and conclusions beneficial to the client from general agreements/correspondence/negotiations of the parties, consequences beneficial to the client arising from the system of terms of the foreign partner’s contract, implicit connections between different articles of the contract, etc.

For foreign partners, the arguments and justification for the terms of the contract proposed in the interests of the Russian side are usually written in English.

Or it is possible to prepare requests, letters to a foreign partner, a foreign bank, a large foreign supplier of goods and services, setting out the arguments of the Russian side.

Support for resolving transaction situations in English

This legal service is aimed at resolving the situation as completely as possible, or getting out of it with the least losses, as well as preventing actions that could worsen the situation:

More details on the page Analytical legal solutions on situations in the Russian Federation and abroad

Legal services to support settlement, resolution of situations in transactions in English or exit from them with minimal losses can be offered in various options depending on the specifics of the situation, the volume and specificity of the initial information, materials and documents on the situation. For situations with minor problems and risks, verbal services may be sufficient. In complicated situations, combined oral services with elements of written developments are possible. For large, specific situations, or situations with many participants, detailed written services are generally required to coordinate issues.

Cost and terms of services upon request for a specific project or situation

▲ Prices and cost of services

. Prices for legal services are determined depending on the tasks, issues, risks resolved under a specific contract in English, the volume of the contract and documents, the need to take into account pre-contractual correspondence, proposals and conditions of the parties, materials and other documents, the required period for the provision of services, the need for written comments for the client, justifications, legal arguments for the foreign partner and other circumstances.

▲ Duration from several days, possibly on weekends

. Discussion in Russian of issues and terms of the contract - usually within 1-2 days from the date of application. Preparation of a contract in English according to the initial data or the results of the discussion - on average, several days. As a rule, deadlines are set in working days. If necessary and time available, the period for preparing the contract may include non-working hours and weekends and (or) holidays in the Russian Federation. Receiving and coordinating orders for services daily.

▲ Negotiating a contract with the client

. Unless otherwise agreed, approval of the prepared contract in English with the client is carried out in Russian remotely by e-mail. If necessary, the contract is amended in English and a new version of the contract is provided. The contract/document development service does not include support for their coordination with the client’s foreign partner (the opposite party to the contract). If such support is required, a comprehensive service for the development and support of the conclusion of a contract with a total period of several weeks or several months can be provided.

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A little history to warm you up

Why does this happen? For many years, legal English existed, as it were, separately from the language itself. Legal terms in English have remained unchanged since the 15th century. That is why, when a person received a legal document in English in 1990, for example, he immediately and without delay went to a lawyer, because he could not understand what was being said. For comparison, imagine that a court hearing on speeding on the road would be conducted in the language spoken by Peter the Great!

Fun, isn't it? And if the United States of America moved away from this tradition a little earlier, then in Great Britain the reform took place only in 1999, thanks to Lord Woolf. Rules for compiling documentation in “plain” English ( Plain English ) were introduced.

According to them, it was not recommended (even strongly discouraged) to use complex constructions, Latin and foreign terms, obsolete words, long combinations of synonyms. Also, the sentence should not consist of more than 25 words and it is recommended to use the active voice rather than the passive.

All this has made legal English easier. Therefore, now it is not so scary, and in order to read a legal text in English, you do not have to have a special education or even be a native speaker.