Drafting and Negotiating International Commercial Contracts PDF Download
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Author: Fabio Bortolotti
Publisher: Kluwer Law International
ISBN: 9789041128591
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.
Author: Fabio Bortolotti
Publisher: Kluwer Law International
ISBN: 9789041128591
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.
Author: Vladimir R. Rossman
Publisher: Wolters Kluwer
ISBN: 145483109X
Category : Law
Languages : en
Pages : 2506
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Book Description
In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more
Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526517264
Category : Law
Languages : en
Pages : 511
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Book Description
This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Author: Charles Chatterjee
Publisher: Routledge
ISBN: 1000160416
Category : Business & Economics
Languages : en
Pages : 165
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Book Description
Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts. The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
Author: James M. Klotz
Publisher: Kluwer Law International B.V.
ISBN: 9403500913
Category : Business & Economics
Languages : en
Pages : 547
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Book Description
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.
Author: Marcel Fontaine
Publisher: BRILL
ISBN: 9047430239
Category : Law
Languages : en
Pages : 674
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Book Description
Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category : Business & Economics
Languages : en
Pages : 712
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Book Description
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Author: Mark G. Malven
Publisher:
ISBN: 9781402423703
Category : License agreements
Languages : en
Pages : 410
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Book Description
Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers
Author: William F. Fox
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 416
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Book Description
Author: Fabio Bortolotti
Publisher: Kluwer Law International B.V.
ISBN: 9403514736
Category : Law
Languages : en
Pages : 322
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Book Description
Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
