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Our areas of expertise include:
- Market development
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Corporate
- Company formation
- Acquisition of a company (M&A)
- Compliance
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Employment
- Personnel
- Secondment
- Compliance
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Commercial
- Distributions, contracts & GTC
- Debt collection
- Litigation
- Enforcement
When doing business with Belgium, companies are faced with a wide range of contractual issues. We stand at your side as a competent and pragmatic partner. Our role is to review and negotiate international contracts with one overriding objective: to provide you with maximum legal and fiscal security.
A lack of familiarity with the principles of international contract drafting can easily lead to misunderstandings and costly mistakes. Cross-border business activity in Belgium challenges German companies in particular to draft contractual clauses-such as delivery and payment terms-that are both enforceable under Belgian law and commercially acceptable to both parties. Other key clauses include the choice of forum and applicable law, as well as provisions on defect liability and limitation of liability.
With prudent contract drafting and the use of appropriate Incoterms clauses, German exporters can, to the extent their negotiating position allows, mitigate many of the risks inherent in cross-border trade. The internationally recognized UN Convention on Contracts for the International Sale of Goods (CISG) also provides a useful framework for simplifying the legal structuring of cross-border sales transactions.
For evidentiary purposes, essential contractual points should always be recorded in writing. This may be done in the form of a full contract or, alternatively, in the form of a detailed offer containing all essential terms and incorporating the general terms and conditions.
Drafting International Commercial Contracts
It is equally important to ensure that contracts with your Belgian business partners are correctly formulated in substance. Our firm specializes in drafting international commercial agreements. Depending on the type of contract, different statutory provisions may apply. Certain clauses or practices may even be prohibited or mandatory under these rules.
Our expertise enables you to align your business strategy, general terms and conditions, and commercial contracts with these requirements. We advise on the drafting and review of all types of commercial agreements, including:
- Supply agreements
- Cooperation agreements
- Distribution agreements
- Management
- Non-disclosure agreements (NDAs)
- Commercial agency agreements
- Service agreements (consultancy)
- Licensing agreements
- Sales contracts
Because there are numerous structuring options for international commercial contracts and general terms and conditions, it is vital to tailor each contract to the specific needs of your business. A non-compete clause, for instance, is frequently encountered but comes with significant conditions and consequences. Competent legal advice is therefore strongly recommended when formulating contracts or general terms and conditions suitable for business in Belgium.
We will guide you through the key aspects of drafting international distribution agreements and demonstrate how careful contract structuring can help you avoid business risks abroad.
Pre-Contractual Disclosure Obligations
If you intend to conclude a contract with a Belgian partner for a commercial cooperation—such as a distribution or agency agreement—you must also comply with mandatory pre-contractual disclosure duties. Among other things, you are obliged to provide your partner with clear and detailed information about your product or service, your target group, and your intended market.
Failure to observe these pre-contractual obligations can have severe consequences, including the nullity of the contract. To assist you, we provide a checklist setting out all the information that must be disclosed to your prospective business partner.
Do you have any questions?
If you have any questions concerning the structuring of international contracts, please do not hesitate to contact Marco Wirtz, who specializes in Belgian labour and commercial law. He can be reached by e-mail at m.wirtz@euregio.law or by telephone at +32 11 29 47 00.
