Question: What are “cross-system” contracts? Are they the same as “cross-border” contracts ?

Answer: Yes and no! Some contracts may fall into both categories as the definitions (sometimes) overlap to describe the same document:

Cross-system contracts are legally-binding agreements (usually in writing or electronic form) that use one legal system for the applicable law (e.g. German Law) but which are written or developed in another language than the official language(s) used for that choice of law e.g. a German Law agreement with the binding language of the contract being English. In short, we mix the choice of law and language. Such agreements are very common today.

A cross-border contract usually means an agreement with an international component such as, for example, the parties coming from different countries or the performance taking place in different jurisdictions or goods being delivered across an international borders.