International and Cross-Border Contract Drafting
Contracts With Overseas Suppliers, Buyers and Partners — Drafted So They Hold Up Where It Counts
A contract with a foreign counterparty is only as good as your ability to enforce it. We draft the governing law, dispute, payment and delivery terms around that question rather than around a template.
- Advocates & Solicitors
- Offices in Kuala Lumpur & Johor Bahru
- Confidential, no obligation
Real lawyers, one team behind every matter
Who this is for
Sound familiar?
Malaysian businesses importing goods, components or equipment from overseas suppliers
Exporters and manufacturers selling to foreign buyers or appointing overseas distributors
Companies engaging foreign contractors, consultants or technology providers
Businesses handed a counterparty’s standard form governed by foreign law
Groups with related companies in more than one jurisdiction contracting with each other
What's at stake
What is really at stake
- 01The supplier is in Shenzhen, the buyer is in Jakarta, and the contract came from their side.It says the governing law is theirs, disputes go to their courts, and payment is due thirty days after an invoice you have no way to dispute from here.
- 02Nobody read the dispute clause closely because the commercial terms looked fine and the relationship was going well.Nobody asked who carries the loss if the goods are damaged in transit, or what happens to the price when the ringgit moves.
- 03Then a shipment arrives short, or a payment stops coming.You take advice, and learn that a Malaysian judgment cannot be enforced where your counterparty holds its assets. The contract is not wrong. It was simply never drafted with enforcement in mind.
In plain words
International and Cross-Border Contract Drafting
Cross-border contract drafting settles the questions a purely domestic agreement never has to ask: which country's law governs the contract, where a dispute is resolved and whether the outcome can be enforced against the counterparty's assets, who bears risk while goods are in transit, which currency applies and who carries the movement, and how tax is handled on cross-border payments. We draft or renegotiate the agreement around those answers.
What good looks like
Imagine signing with an overseas counterparty knowing exactly where a dispute would be heard, whether the result could be enforced against assets that actually exist, who carries the risk at each point in the journey, and what a currency move does to your margin. The commercial terms stay commercial. The legal structure behind them stops being a question mark.
What you get
What we deliver
Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.
- 01
Enforcement review — where the counterparty's assets sit and what that means for your options
- 02
Drafted or marked-up cross-border agreement
- 03
Governing law, jurisdiction and dispute resolution clause set, drafted as one decision
- 04
Delivery, risk, currency and payment security terms aligned to your Incoterms position
- 05
Written note on withholding tax and Malaysian stamping for the instrument
How we work
Clear from the first conversation
- 1
Send a short request
Tell us what the matter is about. It takes under a minute and stays confidential.
- 2
Akmal sets a time with you
We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.
- 3
Advice, then a written proposal
You get a clear view of the issues and options, then a written scope and fee proposal.
- 4
Work begins on the agreed scope
Akmal leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.
Who leads your matter
Led by Akmal Saufi, supported by our team
Akmal leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Akmal overseeing the matter.
Akmal Saufi
Partner, Messrs Akmal Saufi & Co
- Advocate & Solicitor, Malaysia
- Over 13 years in transactional work: M&A, joint ventures, land and infrastructure
- LLB (Hons), International Islamic University Malaysia
The team behind your matter
Meet the team →Who we have acted for
Organisations we have acted for
Federal government agencies & statutory bodies
Johor state bodies & local authorities
Government-linked companies
Private sector & NGOs
Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.
Next step
Request a consultation with Akmal
- 1Send a short request. It takes under a minute.
- 2Akmal reviews it and arranges a time with you.
- 3You get clear advice, then a written scope and fee proposal.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
Your details stay confidential. Sending a request does not mean you have appointed us.
- Licensed advocates & solicitors
- Professional indemnity insured
- Offices in KL & JB
Questions
Frequently asked questions
Still unsure? Send a short request and Akmal will tell you plainly whether and how we can help.
Should the contract be governed by Malaysian law?
Is arbitration better than going to court?
What is the difference between governing law and the seat of arbitration?
The other side sent their standard contract. Can you still help?
Does a contract signed overseas need to be stamped in Malaysia?
What is Legal That Works?
What if I’m not sure what legal service I need?
Who will be helping me?
Before you sign
The cost of waiting
Every one of these terms is negotiable before signature and close to impossible to change afterwards. Once a dispute has started, the clause you have is the clause you argue under.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
