International trade and commercial transactions: Country Q&A tool

Search the Country Q&A in the International Trade and Commercial Transactions Global Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Recent trends

1. What are the recent trends affecting the regulation of international trade in your jurisdiction? Is your jurisdiction a member of the World Trade Organization (WTO)?
 

Contracts for the sale of goods

General

2. What is the legal system in your jurisdiction based on (for example, civil law (codified), common law or sharia law)?
 

Formation

3. What domestic legislation and international rules apply to a sale of goods contract in your jurisdiction? Are standard international contractual terms commonly used?
 
4. What are the authority/capacity rules for entering contracts, for different commercial entities?
 
5. What are the essential requirements to create a legally enforceable contract?
 

Price and payment

6. If price provisions are not agreed by the parties, does local law impose requirements in relation to price (for example, the time, method and place of payment)?
 

Delivery

7. If delivery provisions are not agreed by the parties, does local law impose requirements in relation to delivery (for example, the time, method and place of delivery)?
 

Passing of title and risk

8. If not agreed by the parties, when does title to the goods pass to the buyer?
 
9. Are retention of title clauses enforceable in your jurisdiction? If so, what are the requirements to create a legally enforceable retention of title clause?
 
10. If not agreed by the parties, when does risk in relation to the goods pass to the buyer?
 

Variation and assignment

11. What are the main ways and formalities to transfer contractual rights?
 
12. What are the main rules relating to waiver of contractual rights?
 

Enforcement and remedies

13. What are the seller's obligations in relation to the description and quality of the goods?
 
14. What are the different types and legal status of contractual terms in your jurisdiction?
 
15. What are the key rules on privity of contract and third party rights?
 
16. What are the rules relating to invalidity, misrepresentation and mistake relating to contracts?
 
17. What are the main performance and discharge rules relating to contracts?
 
18. What are the main remedies and rules for losses and damages for breach of a sale of goods contract?
 
19. What are the buyer's remedies for breach of a sale of goods contract?
 
20. What are the seller's remedies for non-payment or late payment?
 

Exclusion of liability

21. What are the main rules relating to excluding contractual liability? Are exclusion clauses enforceable in your jurisdiction? If so, what are the requirements to create a legally enforceable exclusion clause?
 

Choice of law

22. Will local courts recognise a choice of foreign law in a sale of goods contract? Are there any mandatory local rules that apply, despite a choice of foreign law?
 
23. If the parties do not make a choice of law, what rules determine the law applicable to a sale of goods contract?
 

Choice of jurisdiction

24. Will local courts recognise a choice of foreign jurisdiction in a sale of goods contract? Are there any mandatory local rules that apply, despite a choice of foreign jurisdiction?
 
25. If the parties do not make a choice of jurisdiction, what rules determine the jurisdiction applicable to a sale of goods contract?
 

Arbitration

26. Are arbitration clauses commonly included in sales of goods contracts in your jurisdiction?
 

Storage of goods

27. How is title to goods in storage protected and evidenced? Are warehouse receipts recognised as documents of title in your jurisdiction?
 
28. What conditions and formalities must warehouse receipts comply with?
 
29. Are other interests over goods in storage recognised?
 

Imports

Customs authority

30. What is the authority responsible for enforcing customs laws and regulations? Are certain goods subject to specific examination procedures?
 

Import duties, tariffs and rates

31. What are the main customs import tariffs and duties?
 

Non-tariff barriers to imports

32. Are there non-tariff barriers to imports into your jurisdiction?
 
33. Can customs decisions and import restrictions be challenged?
 

Trade remedies

Regulatory framework

34. What are the main regulations and authorities responsible for investigating and deciding on trade remedies?
 

Investigations and enforcement

35. What are the requirements and procedure to start trade remedies investigations?
 

Appeals

36. Is there a right of appeal against the authority's decision? What is the applicable procedure?
 

Exports

Regulatory framework

37. What are the main requirements to export goods from your jurisdiction?
 
38. Are certain categories of goods subject to specific export quotas, restraints or other controls?
 

Penalties

39. What are the consequences of non-compliance with export regulations?
 

International trade restrictions

Trade sanctions

40. Are there specific restrictions on trade with certain jurisdictions?
 
41. What is the authority responsible for imposing trade restrictions?
 
42. What are the consequences of non-compliance with trade restrictions?
 
43. Are businesses subject to specific compliance requirements? What practical steps should a business take to ensure compliance with trade restrictions?
 

Foreign trade barriers

44. What is the procedure for local exporters to complain against foreign trade barriers contrary to the WTO or other trade agreements?
 
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