Contracting for the Purchase and Sale of Goods in a Risky Global Market

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96th ISM Annual International Supply Management Conference, May 2011

Abstract: There is little doubt today’s ISM members now work in a truly global market. As a result, simply understanding the laws of one’s own state or nation is no longer enough. Rather, ISM members must know how to contract globally, and must understand the risks with doing so. This paper attempts to provide ISM members a practical discussion of global contracting with respect to the commercial sale and/or purchase of goods, including general overviews of the applicable laws that may govern domestic and international agreements, and a discussion of how international contractual relationships might differ from domestic counterparts. A solid understanding of this paper and its subject matter should provide readers the concepts, theories, and practical considerations necessary for drafting, interpreting, and negotiating on both a domestic and international level, with a particular focus upon risk identification and avoidance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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