International Contracts

Barbieri Advogados acts in international contract law through a practice that combines structuring, negotiation and review of cross-border contracts, with simultaneous technical reading of Brazilian law and the applicable foreign legislation. The practice operates in an increasingly complex Brazilian contract regime: the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been in force in Brazil since 2014, and the INCOTERMS 2020 stand as the reference for the allocation of responsibilities in international trade contracts. The determination of the applicable law is governed by Article 9 of the Lei de Introdução às Normas do Direito Brasileiro (LINDB — Introductory Law to Brazilian Legal Norms).

The practice is structured around three main pillars. In international contract structuring, the firm acts on the drafting, review and negotiation of international sale of goods contracts (under the CISG and INCOTERMS), services, supply, distribution, commercial agency, international franchising, licensing and other cross-border instruments — including confidentiality agreements aligned with international practice. In structural clauses and risk management, the firm acts on the drafting of clauses central to international contracts — choice of law, choice of forum, hardship, force majeure, international guarantees, dispute resolution mechanisms. In internationallitigation and dispute resolution, the firm conducts dispute resolution strategy for international contracts, in coordination with the firm’s arbitration practice and with foreign partners in specific jurisdictions.

The practice works in close coordination with Arbitration on international dispute resolution, with Tax on tax implications of cross-border operations, and with Corporate on corporate structuring related to international transactions. Along specific geographic lines, the practice operates through German Office for matters involving parties in Germany and the European Union, and through China Desk for matters involving parties in China.