ICC model contracts are different from general transaction conditional contracts and participation contracts.These agreements support the parties of the contract to carry out a fair negotiation process, to completely change the content of the contract or to make it a text that can be adapted to the current situation.
It is difficult to ensure equality of the parties in the contract negotiation processes.In particular, the weak party are forced to be accepted the standard type contracts containing general transaction terms.In fact, we often find references to contracts with general transaction terms in standard contracts.
A feature that distinguishes model contracts from international conventions is that they do not automatically create any independent legal regulation that can be applied.The parties participate in the contract of their own free will.
ICC Model Contracts are prepared by the Commercial Law and Practices Commission appointed by the national committees of the ICC in various countries.
For each model contract, different working groups are created.While importance is placed on the representation of different legal systems in different working groups, in regular dates, meetings are made.
Before the model contract is published by ICC Publishing SA, it is approved by the CLP commission, National Committees, and the ICC Executive Board.
In the global market where different commercial regulations are applied, these differences may create a threat to the legal security of merchants(traders).On the other hand, Model contracts aim to eliminate the differences between local commercial legislation and legislation that accordance with international requirements.
In practice, it is also seen that model contracts are important in resolving the dispute in cases where more than one national legislation needs to be implemented.
During the preparation of model contracts, while combining local legislation and international legislation, it is important not to give priority to any national legislation.
There is no sectoral superiority or discrimination in ICC model contracts.Although there are no obstacles to implement it in national commercial relations, whether it is compatible with local legislation or not should be carefully researched.
While creating model contracts, experienced lawyers are used.Also, Frequently chosen of model contracts in commercial life contributes to LEX MERCATORIA.
Attention is also paid to the preparation of model contracts aiming at the balance between the parties in an easy-to-use format.
It is also possible to access the attachments of formats that can be obtained from electronic or printed media. Also, it is possible to download them to personal computers as e-book format.