My New Article on Drafting and Negotiating International Contracts

Go here to see Top Ten Tips in Drafting and Negotiating International Contracts, co-authored by me and René Mario Scherr, Tetra Pak’s Regional General Counsel, South Asia, East Asia & Oceania. If that link doesn’t work for you, go here for a PDF. You’re welcome.

I met René about seven years ago, at one of my seminars. We’ve kept in touch since then; I even managed to have dinner with him in Bangkok. I’ve found him a valuable resource on international practice in general and Asia in particular.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.

2 thoughts on “My New Article on Drafting and Negotiating International Contracts”

  1. You say: “If using just English raises concerns, have the parties waive the right to claim the contract is invalid because it’s in English…” I don’t see how that helps you if the jurisdiction doesn’t recognize or enforce English-language contracts.

    Your comment about how foreigners drafting in English often pad contracts with obscure–and in my experience sometimes unintelligible–archaisms, terms of art, inappropriate concepts, and ungrammatical and otherwise hard-to-parse phrasing is quite valid. Do you know of any diplomatic way to point this out to a counter-party so that rewording the contract won’t offend?

    • You’re right, but it can be unclear exactly where things stand, with Indonesia being a good example of that. In such circumstances,
      you do what you can to mitigate the risk.


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