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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: Aaron Xavier Fellmeth
Publisher: West Academic Publishing
ISBN: 9780314271525
Category : Export sales contracts
Languages : en
Pages : 0
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Book Description
This course book offers entertaining and systematically organized content to explain the many complex legal regimes governing international business transactions. The book is written by an experienced international business lawyer and introduces all major legal aspects of cross-border business, focusing on U.S.-based law practice. This book covers transactional, regulatory, and treaty regimes, with special emphasis on the modern need to protect intellectual property and plan for disputes. It integrates visual aids, career advice by eminent practicing attorneys in each legal field, policy problems, and practice problems to hone skills in issue spotting and applied legal analysis.
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: H. van Houtte
Publisher: Sweet & Maxwell
ISBN: 9780421653801
Category : Law
Languages : en
Pages : 352
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Book Description
A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel
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: Richard Appelbaum
Publisher: Bloomsbury Publishing
ISBN: 1847312357
Category : Law
Languages : en
Pages : 442
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Book Description
International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
Author: Rumu Sarkar
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 478
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Book Description
In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar, whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well. In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following: cross-border financing of goods and services, technology transfers, and intellectual capital; structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing; managing commercial risks; negotiating debt work-outs for non-performing loans; mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and contracting for arbitration or other dispute resolution methods. Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate. Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.
Author: Ronald Brand
Publisher: Springer
ISBN: 9789041188571
Category : Law
Languages : en
Pages : 0
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Book Description
This Documents volume is a companion to Fundamentals of International Business Transactions (Kluwer Law International, ISBN 90-411-9632-3) and provides all the supporting sources for students and practitioners seeking information on international commercial law.
Author: Daniel C.K. Chow
Publisher: Aspen Publishing
ISBN: 1543822479
Category : Law
Languages : en
Pages : 338
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Book Description
The authors of International Business Transactions: Problems, Cases, And Materials have compiled multi-lateral agreements, model codes, and U.S. statutory law in a Documents Supplement that supports and enriches the study of this dynamic field of law. The supplement features multilateral agreements from various United Nations Conventions, the International Chamber of Commerce, the World Trade Organization, and other leading international organizations. Selected provisions from the Uniform Commercial Code and various international treaties are included, along with guidelines for multinational business enterprises for organizations such as the World Bank and the Organization for Economic Co-Operation and Development (OECD). New to the Fourth Edition: TThe 2017 amended version of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) (1995) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Recast) (Recast Regulation) The 2018 revised versions of: Alien Tort Claims Act (Alien Tort Statute) (ACTA, ATS) Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A. § 30701 hist. n. Foreign Corrupt Practices Act (FCPA): Anti-Bribery and Books & Records Provisions (Selected Provisions) The 2011 revised version of the OECD Guidelines for Multinational Enterprises
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.
