What makes a cross-border contract different
Ukrainian law requires a foreign trade contract to be in writing. The bank handling the payment checks the contract against the currency rules. If the price, currency and deadlines aren't stated, the bank may hold the money.
The second part of the question is practical. If your partner in Poland doesn't pay, where will you sue? How much will it cost? Will a Ukrainian court decision be enforced in Poland? The answers have to be built into the contract before signing.
What's included
- A bilingual contract: Ukrainian and English in two columns.
- Governing law and dispute resolution: court or international arbitration.
- Currency, price and payment deadlines with currency control in mind.
- Delivery terms under Incoterms, if it's a supply of goods.
- Specifications and acceptance certificates as annexes.
Key clauses
| Clause | Why |
|---|---|
| Governing law | Which law will interpret the contract in a dispute |
| Arbitration or court | Where a dispute will be heard and what it will cost |
| Currency and price | What the bank will process and who bears the exchange rate risk |
| Incoterms | Who pays for delivery and when the risk passes |
| Force majeure | What happens in case of war, sanctions or closed borders |
IT services from abroad
For IT companies and sole proprietors working with foreign clients, the contract often covers services and the transfer of rights to code. Here we combine foreign trade rules with the assignment of property rights. I drafted one like this for work between Poland and Ukraine.
How it works
Your part: the partner's details and the terms of the deal. The rest of the arrows are mine.
Law of Ukraine “On Foreign Economic Activity”; Law of Ukraine “On Currency and Currency Transactions” and National Bank resolutions on currency control; Law of Ukraine “On Private International Law”; 1980 UN Vienna Convention on Contracts for the International Sale of Goods; Incoterms 2020.
Frequently asked questions about cross-border contracts
How much does a cross-border contract cost?
From €150.
Does the contract have to be bilingual?
It doesn't have to be, but the bank and Ukrainian authorities find it easier when there's a Ukrainian version.
Which law should I choose?
It depends on bargaining power, the partner's country and where there will be assets to enforce against. We discuss the options.
Can the contract be signed remotely?
Yes, by exchanging scans or with an electronic signature. We decide how exactly together with the bank's requirements.
Formalise the work with developers from another country. Drafted a software development services agreement.
Read the case →Taking a brand to a new market? See international trademark registration. If a foreigner wants to open a company in Ukraine, there's a page on business for foreigners.