How to effectively avoid disputes in international trade: from contract drafting to dispute resolution
In international trade, the key to avoiding disputes lies in prior prevention and preparation. This article will discuss in detail negotiation skills, precautions in contract drafting, precautions in contract performance, and the process of resolving customer disputes.
Issues to note during negotiations
- Conduct a comprehensive investigation on potential partners, including but not limited to economic status, production capacity, business reputation, etc., to ensure that the information is accurate.
- Maintain equal status during the transaction process, use your own advantages to strive for the best negotiation results.
- Send experienced business personnel to participate in negotiations, and consider inviting lawyers to assist.
- Control the right to draft documents and avoid blindly accepting the version of documents provided by the other party.
Issues that should be paid attention to when drafting a contract
Clear all terms
In addition to focusing on quantity, quality and price, the contract must also cover all necessary terms to prevent unnecessary obligations.
Choose an appropriate dispute resolution method
The contract should clearly stipulate the method of dispute resolution, such as arbitration or litigation, which will directly affect the handling of disputes that may arise in the future.
Emphasis on the role of lawyers
A lawyer can help identify and avoid potential legal issues during the contract drafting stage.
Terms are clear and complete
The contract text should be clearly stated, detailed and consistent to avoid disputes caused by unclear expressions or confusing concepts.
Things to note when performing the contract
During the execution of the contract, all modifications or supplementary terms should be in writing and relevant records should be properly kept.
Causes of international trade disputes
Contractual reasons
- The terms are unclear or omitted, leading to ambiguity in understanding.
- The rights and obligations of both parties are not equal.
- The lack of applicable legal provisions may lead to different interpretations.
Reasons from the parties involved
Some participants may not fully perform their contractual obligations out of subjective intention, or even commit fraud.
General process for resolving customer disputes
Show sincerity
Start by showing the customer your commitment to solving the problem and expressing an understanding of what they are going through.
Learn more about the dispute
Learn more about the specific circumstances of the dispute through electronic evidence such as chat records and logistics information.
Guide customer emotions
Use professional communication skills to resolve negative customer emotions.
Solve the problem appropriately
Choose a full refund, second shipment or discount based on the specific situation.
Cross-border e-commerce platform dispute resolution mechanism
Set up a deposit
The platform can jointly set up a consumer rights deposit with merchants for advance compensation.
Establish a complaint reporting channel
Ensure smooth channels for complaints and prompt response.
Promote online dispute resolution
Based on the principle of voluntariness, we will formulate fair and just dispute resolution rules.
To sum up, whether it is traditional import and export trade or the emerging cross-border e-commerce field, early prevention, reasonable planning and professional handling are effective means to avoid and resolve disputes.