Boilerplate Clauses, International Commercial Contracts and the Applicable Law PDF Download
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Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category : Law
Languages : en
Pages : 427
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Book Description
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category : Law
Languages : en
Pages : 427
Get Book Here
Book Description
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 113995234X
Category : Law
Languages : en
Pages : 347
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Book Description
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
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Book Description
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Category : Law
Languages : en
Pages : 368
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Book Description
"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.
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: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1107033489
Category : Law
Languages : en
Pages : 453
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Book Description
Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.
Author: Michala Meiselles
Publisher:
ISBN: 9780748679034
Category : Law
Languages : en
Pages : 0
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Book Description
This is a key reference tool for business managers, lawyers and students of international commercial agreements. It includes case studies, checklists and features that flag key information.
Author: Richard Christou
Publisher:
ISBN: 9780421782808
Category : Clauses (Law)
Languages : en
Pages : 239
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Book Description
This concise guide to the most commonly used boilerplate clauses for commercial contracts provides a detailed analytical commentary on each clause, together with advice on its practical application.The work takes account of recent case law where applicable, and has been updated to provide new sections on competition law, consumer law and intellectual property rights, and new case law under the Unfair Contract Terms Act 1977.* Acts as a practical drafting tool for practitioners drafting contracts* A single source of the most commonly-used boilerplate clauses* The clauses are interspersed with concise commentary, guiding the reader on when to use the clause and points to note* Includes a CD-ROM with all the clauses in a ready-to-use format
Author: C. P. Thorpe
Publisher: Kogan Page Publishers
ISBN: 9780749428426
Category : Commercial documents
Languages : en
Pages : 262
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Book Description
The law of contract is the legal framework within which all business activity is conducted. It is vital for those in business to understand its basic principles and their commercial implications. Many businesses, however, evidently still believe that in the absence of a signed document no contract can exist, and may routinely sign documents that contain small print.Commercial Contracts provides an accessible guide to the basic principles of contract law and places them clearly and concisely in their commercial context. Using real examples, two practicing lawyers introduce English contract law, assuming no prior knowledge of the subject. They highlight areas where practical problems arise and examine possible solutions, with the aim of showing not only how to recognize these problems but how to deal with them in practice.
Author: Shakeel Bhatti
Publisher: IUCN
ISBN: 2831709822
Category : Biodiversity conservation
Languages : en
Pages : 334
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Book Description
Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.
