03/09/2026
International Commercial Contracts: Key Clauses for Doing Business with Spain
International commercial relationships involve not only different markets and business practices, but also different legal systems and regulatory frameworks. In this context, a carefully drafted contract is essential to mitigate risks and provide legal certainty.
When entering into a commercial relationship with a Spanish company, particular attention should be given to the following provisions:
• Identification of the contracting parties, including their full legal names, tax identification numbers and registered offices.
• Detailed definition of the goods or services, including applicable technical specifications, quality standards, quantities and contractual obligations.
• Governing law and jurisdiction, expressly determining the applicable law and the competent courts or arbitral tribunal.
• Dispute resolution mechanisms, including negotiation, mediation and, where appropriate, arbitration.
• Force majeure and hardship provisions, establishing appropriate mechanisms for circumstances that materially affect contractual performance.
• Termination provisions, clearly regulating termination for cause and, where appropriate, termination for convenience.
• Retention of title and contractual penalties, particularly in transactions involving the supply of goods, payment obligations or non-performance.
A contract suitable for an international transaction requires more than a simple translation. It should be adapted to the applicable legal framework and take into account the specific implications of Spanish law.
At Gascón Bernabéu, we advise international companies on the drafting, review and negotiation of commercial agreements involving Spain, with the aim of providing effective legal protection and greater certainty in cross-border transactions.
https://www.gbabogados.co.uk/preventing-trade-disputes-crucial-clauses-for-your-international-contracts/