Lost In Translation – Issues In US/Australian Contracts

Introduction – aren't we the same?

Until a fairly recent backlash against it, the theory of "strong convergence" in contracts law internationally has been a popular theme amongst legal academics. There are certainly many codes, international treaties, and glossaries like the International Chamber of Commerce's Incoterms in existence that attempt to bring harmony by globalising contractual terms and contract law fundamentals, at least with respect to shipping trade terms and sale of goods.

However, at the coal face of US/Australia commercial contract negotiations, from intellectual property licencing to service agreements and everything in between, misunderstandings and different priorities are still faced every day in drafting and negotiating contract terms with parties in these jurisdictions.