International Contracting Law And Practice

Author : Larry A. DiMatteo
Publisher : Kluwer Law International B.V.
Page : 804 pages
File Size : 54,9 Mb
Release : 2021-11-05
Category : Law
ISBN : 9789403528403

Get Book

International Contracting by Larry A. DiMatteo Pdf

For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University

Author : Larry A. DiMatteo
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2009
Category : Contracts (International law)
ISBN : 9041124411

Get Book

Law of International Contracting by Larry A. DiMatteo Pdf

The s econd edition of this well-known survey of the legal aspects of international business contracting has been needed for some time. Over the course of the last decade, a plethora of new concepts and procedures (many catalyzed by growth in the use of information technology) has wrought many changes in the searching, drafting, and execution of international contracts. This book redefines this field of legal practice to accommodate these changes. Material in the Second Edition includes new or updated coverage of the following and much more: outsourcing legal services; electronic transmission of contracts; inadvertent disclosure of confidential information; joint venture governance; restrictive covenants; distribution agreements; and Chinarsquo;s Uniform Contract Law. A greatly enhanced bibliography, updated to 2008, now includes Internet sources. All of the prized features of the First Edition are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws (such as the UCC), legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Given the legal liability that can result from the failure to take private international law developments into account, this book is not only valuable but necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, The book will continue to serve practitioners well in this new edition.

Author : Marcel Fontaine,Filip de Ly
Publisher : BRILL
Page : 674 pages
File Size : 51,9 Mb
Release : 2015-03-31
Category : Law
ISBN : 9789047430230

Get Book

Drafting International Contracts by Marcel Fontaine,Filip de Ly Pdf

Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Author : Marcel Fontaine,Filip De Ly
Publisher : BRILL
Page : 675 pages
File Size : 49,7 Mb
Release : 2006
Category : Business & Economics
ISBN : 9781571053558

Get Book

Drafting International Contracts by Marcel Fontaine,Filip De Ly Pdf

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Author : Catherine E Mitchell
Publisher : A&C Black
Page : 442 pages
File Size : 54,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253136

Get Book

Contract Law and Contract Practice by Catherine E Mitchell Pdf

An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 47,7 Mb
Release : 2009-03-01
Category : Law
ISBN : 9789004177161

Get Book

An International Restatement of Contract Law by Michael Joachim Bonell Pdf

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.

Author : Renzo Cavalieri,Vincenzo Salvatore
Publisher : Unknown
Page : 241 pages
File Size : 42,8 Mb
Release : 1899
Category : LAW
ISBN : 8892181769

Get Book

An Introduction to International Contract Law by Renzo Cavalieri,Vincenzo Salvatore Pdf

The decision to write this book was taken in consideration of an unmet need of non-law students enrolled in undergraduate and postgraduate courses addressing international contracts. In non-law faculties today there are more and more taught-in-English classes that deal with issues in connection with international contracts, and students may face serious difficulties in preparing for exams, mainly because of a lack of suitable handbooks in English taking into account their non-legal background. We have tried to attend to this unmet need by providing those students with a useful tool summarising basic principles applicable to international contracts. In doing so, we have thought it appropriate to try to strike the right balance between general notions (a theoretical approach), on the one hand, and contract templates and sample contractual clauses (business-case approach), on the other, in order to give them a view of how international contract law may affect international business practice. Throughout the process, we have relied on principles and notions resulting from international instruments (such as the Principles on Choice of Law in International Commercial Contracts recently promulgated by the Hague Conference on Private International Law) and on contract templates drafted in private practice or made available to the public by international chambers of commerce or trade centres, which we acknowledge as our sources. Although this book is the result of a shared effort and the outcome of a joint project, chapters 1, 2, 5, 7, 8, 9 and 10 were authored by Vincenzo Salvatore, whilst chapters 3, 4, 6 and 11 were written by Renzo Cavalieri. Each author remains individually responsible for any errors and inaccuracies contained in his respective chapters. We would like to thank Stefania Carrer, Alexia Ruvoletto and Wu Mengzhen for their assistance.

Author : Lukas Klee
Publisher : John Wiley & Sons
Page : 562 pages
File Size : 50,5 Mb
Release : 2015-01-07
Category : Law
ISBN : 9781118717905

Get Book

International Construction Contract Law by Lukas Klee Pdf

"Aimed at a global market so not oriented to any particular legal system, the book is useful to readers throughout the world"--

Author : Ekaterina Pannebakker
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2016
Category : 86.26 law of obligations
ISBN : 1780684495

Get Book

Letter of Intent in International Contracting by Ekaterina Pannebakker Pdf

Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) Subject: International Law, Contract Law]

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2024-07-04
Category : Export controls
ISBN : LCCN:2008247007

Get Book

International Contract Manual by Anonim Pdf

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 46,5 Mb
Release : 2009-03-27
Category : Law
ISBN : 9789004194694

Get Book

An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by Michael Joachim Bonell Pdf

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Author : Michael Furmston,G.J. Tolhurst
Publisher : Oxford University Press, USA
Page : 477 pages
File Size : 51,7 Mb
Release : 2010-03-25
Category : Language Arts & Disciplines
ISBN : 9780199284245

Get Book

Contract Formation by Michael Furmston,G.J. Tolhurst Pdf

Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 1179 pages
File Size : 45,9 Mb
Release : 2006-09-01
Category : Law
ISBN : 9781571053466

Get Book

The UNIDROIT Principles in Practice by Michael Joachim Bonell Pdf

Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.

Author : Stephen C. Sieberson
Publisher : Carolina Academic Press LLC
Page : 128 pages
File Size : 54,9 Mb
Release : 2022
Category : Export sales contracts
ISBN : 1531024394

Get Book

International Business Contracting by Stephen C. Sieberson Pdf

"International Business Contracting is designed to teach business and law students how international business contracts are structured and drafted. After several introductory chapters on international business, legal issues, and contract law, the material walks the reader through a series of agreements between two fictional companies-one an American company and the other a business located in a European civil law country. The transactions begin with a sale of goods and then progress to international distribution arrangements, a joint venture, a stock acquisition, and a secured commercial loan. Each chapter opens with the description of a new arrangement between the two parties, followed by a form of contract for their business deal, a point-by-point critique of the contract, and an examination of relevant business and legal issues. While the typical textbook in this field emphasizes theoretical analysis, International Business Contracting takes an innovative approach by showing how a commercial relationship is put into writing. In an ideal situation a business contract will reflect the intentions of the parties, allowing them to carry out their activities while protecting them against business and legal risks. If poorly drafted, however, an agreement may create unnecessary confusion and problems. The book explores what constitutes good drafting, often by showing imprecise or ambiguous clauses. Standard contract provisions, referred to as "boilerplate," are examined in detail. In addition to analysis, the book offers negotiation and drafting exercises, so the student can gain hands-on experience in how international business executives and lawyers carry out their work"--

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 427 pages
File Size : 51,5 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781139500050

Get Book

Boilerplate Clauses, International Commercial Contracts and the Applicable Law by Giuditta Cordero-Moss Pdf

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.