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Recommendation: What to include in contracts to mitigate risks

Recommendation: What to include in contracts to mitigate risks

The high unpredictability of external conditions significantly affects the ability to meet delivery deadlines, payment terms and other important contractual terms.

What can be anticipated and what options are available to mitigate the risks of the transaction?

In order to adapt quickly to changing conditions and protect your interests, it is advisable to include clauses in contracts in advance to help withdraw from the contract, suspend its performance or reduce the risk of penalties in the event of non-performance or partial non-performance due to objective circumstances with minimal loss to the parties.

Some examples of clauses that can be included in a contract:

  • the obligation of the contracting party to notify the counterparty of its inclusion on the sanctions lists,
  • the extension of the deadline for the fulfilment of obligations,
  • currency clauses, e.g. a currency corridor clause,
  • changes in the currency of payment under the contract,
  • etc.

In each case, you should consider which terms and conditions would be most suitable for your contractual relationship.

We will be happy to answer your questions and assist you in formulating the necessary contract terms for your individual case.

Maria Matrossowa, Project leader swilar OOO
M: maria.matrossowa@swilar.ru, T: + 7 495 648 69 44 (ext. 308) 
Yulia Belokon, Senior Project Manager swilar OOO
M: yulia.belokon@swilar.ru, T: +7 495 648 69 44 (ext. 309)