NCA Commercial Law study materials
NCA Commercial Law study resources

NCA Commercial Law: International Commercial Transactions

NCA Commercial Law · Work through your exam, one topic at a time.

All guide sections

International Commercial Transactions

Core concepts

Cross-border sales raise issues of choice of law, jurisdiction, arbitration, Incoterms, letters of credit, and customs. The CISG governs international sale of goods between contracting states, with rules on formation, conformity, and remedies. Incoterms allocate costs, risk, and obligations (e.g., FOB, CIF, DAP). Letters of credit operate on strict compliance and independence principles. Force majeure and hardship clauses address changed circumstances. Sanctions and export controls add compliance layers. Recognition and enforcement of foreign judgments and arbitral awards depends on treaties such as the New York Convention.

Traps

  • Assuming the CISG applies automatically; parties may exclude it.
  • Confusing risk transfer under Incoterms with property transfer.
  • Missing strict compliance in letter-of-credit presentation.
  • Overlooking that arbitration clauses exclude court jurisdiction.
  • Forgetting sanctions and export-control screening obligations.

Worked rule of thumb

Use the C-A-P checklist: Contract (which law and terms apply, including CISG and Incoterms), Arbitration/Jurisdiction (forum and enforcement), Payment (letter of credit or other mechanism).