The Law of Cross-border Business Transactions PDF Download
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Author: Lutz-Christian Wolff
Publisher: Kluwer Law International
ISBN: 9789041140012
Category : Aftaleret
Languages : en
Pages : 0
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Book Description
As cross-border business transactions are nowadays routine matters for business entities all over the world, the related legal aspects are becoming more and more complex. This book provides a structured introduction to the law and practice of investment deals (e.g. greenfield projects, Mand&As and hybrid forms) and of non-investment transactions (e.g. trade, technology transfer and services). Substantive law issues, procedural aspects, and skills related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. Recognizing that cross-border business projects can take very different forms depending on the partiesand’ strategic choice, the factual background and the applicable law, the author describes a wide spectrum of transaction types. He explores underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and Mand&A; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. Of special value is the authorand’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources ensure that legal professionals, business managers and academics as well as other interested parties.
Author: Lutz-Christian Wolff
Publisher: Kluwer Law International
ISBN: 9789041140012
Category : Aftaleret
Languages : en
Pages : 0
Get Book Here
Book Description
As cross-border business transactions are nowadays routine matters for business entities all over the world, the related legal aspects are becoming more and more complex. This book provides a structured introduction to the law and practice of investment deals (e.g. greenfield projects, Mand&As and hybrid forms) and of non-investment transactions (e.g. trade, technology transfer and services). Substantive law issues, procedural aspects, and skills related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. Recognizing that cross-border business projects can take very different forms depending on the partiesand’ strategic choice, the factual background and the applicable law, the author describes a wide spectrum of transaction types. He explores underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and Mand&A; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. Of special value is the authorand’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources ensure that legal professionals, business managers and academics as well as other interested parties.
Author: Lutz-Christian wolff
Publisher: Kluwer Law International B.V.
ISBN: 9041186832
Category : Law
Languages : en
Pages : 474
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Book Description
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.
Author: Wendy Kennedy Venoit
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 484
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Book Description
YA roadmap to the most important ethical considerations facing legal practitioners in multi-jurisdictional construction practice.
Author: Thomas Papadopoulos
Publisher: Springer Nature
ISBN: 3030227537
Category : Law
Languages : en
Pages : 511
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Book Description
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Author: Petros C. Mavroidis
Publisher: MIT Press
ISBN: 0262360616
Category : Law
Languages : en
Pages : 753
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Book Description
A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.
Author: Australia. Law Reform Commission
Publisher: Commission
ISBN:
Category : Business & Economics
Languages : en
Pages : 322
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Book Description
"This report is about the legal problems faced by Australian business in international commerce. It is a feasibility report assessing the scope for law reform in this area. The report focuses on civil remedies in international commerce and their implications for reform." -- from the Overview, p. [7].
Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407
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Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Author: Aaron X. Fellmeth
Publisher: Edward Elgar Publishing
ISBN: 1035318164
Category : Law
Languages : en
Pages : 855
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Book Description
This updated textbook explains the legal concepts, regimes and actors that regulate international business transactions. The book guides readers through the major aspects of international business law using state-of-the-art teaching techniques and offers comprehensive coverage on key treaties, legal aspects of international commerce and the regulation of global trade and investment.
Author: Ajit Kumar Singh
Publisher: Kluwer Law International B.V.
ISBN: 9403533641
Category : Law
Languages : en
Pages : 243
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Book Description
In an age when cross-border business transactions are increasingly effected without the transference of physical products, revenue concerns of states have led to a multitude of tax disputes based on the concept of ‘nexus’. This important and timely book is the most authoritative to date to discuss one of the major tax topics of our time – the question of how taxing rights on income generated from cross-border activities in the digital age should be allocated among jurisdictions. Demonstrating in prodigious depth that it is the economic nexus of the tax entity or activity with the state, and not the physical nexus, which meets the jurisdictional requirement, the author – a leading authority on this area who is a Senior Commissioner of Income Tax and a Member of the Dispute Resolution Panel of the Government of India – addresses such dimensions of the subject as the following: whether a strict territorial nexus as a normative principle is ingrained in source rule jurisprudence; detailed scrutiny of such classical doctrines as benefit theory, neutrality theory, and internation equity; comparative critique of the Organisation for Economic Co-operation and Development (OECD) and United Nation (UN) model tax treaties; whether international law and customary principles mandate a strict territorial link with the source state for the assumption of tax jurisdiction; whether the economic nexus-based tax jurisdiction and absence of a physical presence breach the constitutional doctrine of extraterritoriality or due process; and whether retrospective tax legislation breaches the principle of constitutional fairness. The book offers a politically informed analysis of the nexus principle and balances the dynamics of physical presence and economic nexus standards, based on an in-depth survey of the historical evolution of judicial pronouncements and international practices in this regard. Dr Singh’s book exposes an urgently needed missing link in the international source rule literature and takes a giant step towards solving the thorny question of appropriate tax apportionment. It sheds brilliant light on the policies states may adopt when signing new tax treaties, so that unintended results may be foreseen and avoided. Tax practitioners, taxation authorities, and academic researchers in the field of international tax law and policy will greatly appreciate the book’s forthright enhancement of the ability to defend challenges based on the nexus doctrine.
Author: Richard Schaffer
Publisher: Thomson South-Western
ISBN: 9780538480758
Category : Commercial law
Languages : en
Pages : 714
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Book Description
INTERNATIONAL BUSINESS LAW AND ITS ENVIRONMENT, 8e, International Edition centers on the basic market-entry strategies most firms deploy as they expand into international markets: trade in goods and services, protecting and licensing intellectual property, and foreign direct investment. Interweaving the law with ethics-related issues, the text shows how individual firms manage these strategies in different ways while discussing the latest political, economic, and legal developments around the world. Helpful features such as case examples, end-of-chapter questions, and ethics activities help solidify your understanding of the material.
