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International trade: sale contracts, Incoterms and disputes

When goods cross borders, the contract is the map — and the Incoterm decides who loses. We litigate international sales and their insurance, from Barcelona to wherever the case takes us.

1Who we help

Exporters

The buyer rejects the goods, fails to pay or alleges non-conformity: the Vienna Convention (CISG) and your contract decide — and the Spanish courts apply it more often than people think.

Importers

Non-conforming goods, hidden defects, equipment that does not work: we claim against the foreign seller under the right law and in the right forum.

Traders and agri-food businesses

Commodities with quality disputes, lost certifications, sanitary rejections at destination.

Freight forwarders and operators

International transport and logistics contracts: framework agreements, force majeure and strike clauses, arbitrations.

International sale of goods (CISG)Incoterms 2020 and title to sueNon-conformity and defectsSanitary rejection at destinationCross-border non-paymentInternational arbitrationGoverning law and forumLogistics framework agreementsDocumentary creditsCorrespondent work
2What you need to know

Which law governs my sale if we agreed nothing?

Between companies in signatory States, the Vienna Convention (CISG) applies by default — and Spain genuinely applies it: contaminated organic barley, rejected fruit, exported meat failing the destination country's specifications… recent Spanish case law is full of agri-food disputes. Knowing it means playing with an advantage.

The foreign buyer rejected the goods: now what?

Three questions decide the case: was there a genuine lack of conformity? Were the goods examined, and notice given, in time? Is the breach fundamental enough to avoid the contract? And a fourth that almost nobody checks: did the buyer mitigate its loss? In a recent Catalan meat-export case, mitigation moved a six-figure sum.

Why does the Incoterm decide who can claim?

Because it allocates the risk: in a CIF or CIP sale, risk travels with the goods — and the party that does not bear the risk has no title to sue for the loss. Entire cases have been won on that single argument.

Where do you litigate: here, there or in arbitration?

Wherever the clause says — and if there is none, the European regulations and conventions decide. The forum changes the outcome as much as the merits: part of our job is bringing the dispute to Spain when that pays, or taking it abroad with trusted correspondents when that pays more.

3How we work
4Experience

Our experience includes…

5FAQs
My contract is an email and a proforma invoice — do I have anything?

Yes. No written form is required for the contract, and emails are evidence, but it needs to be assessed after reviewing the full documentation.

How long does an international dispute take?

It depends on the forum: Spain, 1–2 years per instance; arbitration, often less — and confidential. The subsequent enforcement counts as much as the judgment.

Is it worth claiming €30,000 from a German/French/Italian buyer?

With assets located, very often yes: there are European procedures designed precisely to make cross-border collection cheaper, and enforcement of decisions circulates freely between Member States. We quantify it for you before starting.

I sell DAP/DDP and I contract the transport myself: what risk am I taking on?

All of the voyage risk — and it should be matched to your cargo insurance and your terms of sale. We audit it for you.

Arbitration in my contracts — yes or no?

It depends on the amounts, the counterparty and enforcement. Our advice: never copy the clause from the previous contract without thinking it through.

6Talk to us
Jordi Mayol Orga
Lawyer (Abogado) · Barcelona Bar (ICAB) No. 44.531
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