NEWSLETTER-2017

8 NEWSLETTER 2017 In this vein, the ICC Model Contracts are intended to help parties with equal bargaining power to negotiate a fair contract 10 . Features . ICC Model Contracts are drafted with a purpose to replace the choice between differing national legislations, which are often not adapted to the needs of international trade, by a detailed set of contractual provisions. Firstly, ICC Model Contracts are not based on a particular national law, but reflect the general principles of law and the trade usages. They give priority to the transaction and not to industry, meaning that they are not directed to parties who look for ac- commodating the specifics of their trade 11 . Moreover, they are suitable for use in business to business (B2B) transactions, rather than business to consumer (B2C) transactions. To the extent necessary, the users are warned that for some specific issues, national laws may provide different solutions under their “protection of consumers regulations” applicable to the relevant type of contractual relations 12 . Further, ICC Model Contracts are designed for international transactions, and the users are advised to take into account international character when used domestically. Secondly, ICC Model Contracts eliminate the risk of application of insufficient national provisions. Many domestic laws lack rules for certain type of contracts (e.g. sole distribution, franchise, consultancy, etc.); therefore, ICC Model Contracts fill in this gap with the products of some of the finest legal minds in the field of international com- mercial law. Thus, inconvenience, or insufficiency of domestic rules for international transactions, ceases to be a problem. Moreover, they are drafted in a balanced way without favoring one or the other side of the transaction. It would be improper for the ICC, which represents all parties of international trade, to take sides. They are drafted to be fully altered and adapted to meet the situation in hand 13 . Thirdly, ICC Model Contracts are drafted in the most user-friend- ly manner. They all have a detailed “Introduction” part explaining to 10 Erdem, H. Ercüment, ICC Model Contracts, Milletlerarası Ticaret Hukuku İle İlgili Makaleler, İstanbul 2008, p. 514. 11 Erdem, p. 516. 12 Erdem, p. 517. 13 Erdem, p. 518.