The 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.
Nobody 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.
Then 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.
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.
Your Vision, Backed by the Right Legal Support
You build the business. We help you protect it.
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.
Who this service is for
This Is For You If…
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
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What we will do for you
This is what we will do for you
Establish where your counterparty holds assets, and work back from what could actually be enforced there
Settle the governing law, dispute resolution and seat of arbitration as one connected decision
Draft delivery, risk-of-loss and title terms against the Incoterms rule you are actually using
Set the payment mechanism, currency, and who carries exchange movement and bank charges
Address withholding tax and Malaysian stamping so the tax and duty position is settled before signing
Where the draft came from the other side, mark up what to push back on and what is safe to accept
What’s Included
What’s Included in our service for you
Enforcement review — where the counterparty's assets sit and what that means for your options
Drafted or marked-up cross-border agreement
Governing law, jurisdiction and dispute resolution clause set, drafted as one decision
Delivery, risk, currency and payment security terms aligned to your Incoterms position
Written note on withholding tax and Malaysian stamping for the instrument
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Why Choose Legal That Works?
Why Choose Us To Assist You?
Digital-first
No office visit required—review and sign online
Transparent fees
Fixed price, no billing surprises
Deep experience
Various contracts across industries
Accessible
Our client portal keeps you informed
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We've Helped
You Need To Act Now
Important: Limited Slots
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.
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Nothing to Lose. Everything to Protect.
No Surprises. No Guesswork. Just Legal That Works.
Before anything starts, we speak with you to understand your business and make sure the service is the right fit. If it is not, we will say so upfront. No pressure. No wasted time. We only take on matters we are confident we can deliver with quality. That is why business owners trust us to get it right.
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Frequently Asked Questions
What is Legal That Works?
Legal That Works is a business and organisation oriented legal service designed by Messrs Akmal Saufi & Co (the firm that has brought the widely known legal consumer services brand ASCOLAW). We specifically help business owners and organisation leadership to navigate Malaysia’s legal terrain to achieve their commercial goal.
What if I’m not sure what legal service I need?
No problem. Most business owners aren’t legal experts! Just reach out. Our team will guide you to the right service or help you understand your options—without jargon or upselling.
Should the contract be governed by Malaysian law?
Not automatically. Malaysian law is familiar and usually easier for you to run, but it is worth little if a Malaysian judgment cannot be enforced where the counterparty holds its assets. The governing law and the enforcement route have to be decided together.
Is arbitration better than going to court?
It often is for cross-border work, because arbitral awards are recognised across most trading nations under the New York Convention, while court judgments generally are not. It is not automatically cheaper or faster. The choice turns on where enforcement would have to happen.
What is the difference between governing law and the seat of arbitration?
Governing law decides how the contract is interpreted. The seat decides which country's courts supervise the arbitration and where an award is challenged. They can differ, and picking them carelessly is one of the more common and expensive drafting errors.
The other side sent their standard contract. Can you still help?
Yes, and it is much of what we do. We mark up what genuinely matters, set out what is safe to accept, and give you the reasoning to negotiate with. Not every unfavourable clause is worth fighting.
Does a contract signed overseas need to be stamped in Malaysia?
It can do. Duty under the Stamp Act 1949 can arise on instruments executed outside Malaysia where they relate to Malaysian property or are brought into Malaysia, and time limits apply from that point. Whether duty is payable on your instrument depends on what it does, so we advise on the specific document rather than in general.
Who will be helping me?
All our services are delivered by our licensed lawyers under the Malaysian Bar with proven experience across industries. You’ll work with a real legal team, not chatbots or generic customer support.
