A cross-border transaction brings together different parties, legal systems and expectations. Five questions help to set it up on the right footing.
1. What exactly is the objective?
Clarify what the transaction must achieve commercially. The structure and the documents follow from that objective.
2. Which jurisdictions are involved?
List every jurisdiction that touches the deal: where the parties are, where the assets are and where enforcement may be needed.
3. How are the risks allocated?
Agree early who bears which risk and how. Many later disagreements start with an allocation that was never discussed.
4. Which law governs, and how are disputes resolved?
The choice of governing law and dispute resolution shapes how the contract works in practice and how it can be enforced.
5. Who coordinates the advisers?
A cross-border transaction usually needs input from several advisers. One coordinator keeps the documents and positions consistent.
Structure follows the objective: the clearer the commercial goal, the simpler the transaction.
