Law Of International Contracting

Author : Larry A. DiMatteo
Publisher : Kluwer Law International B.V.
Page : 804 pages
File Size : 42,6 Mb
Release : 2021-11-05
Category : Law
ISBN : 9789403528403

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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 : 42,5 Mb
Release : 2009
Category : Contracts (International law)
ISBN : 9041124411

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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 : Lukas Klee
Publisher : John Wiley & Sons
Page : 562 pages
File Size : 44,5 Mb
Release : 2015-01-07
Category : Law
ISBN : 9781118717905

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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 : Jürg Künzle
Publisher : Kluwer Law International B.V.
Page : 254 pages
File Size : 54,6 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403519944

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Multiple Contracts and Coordination in International Construction Projects by Jürg Künzle Pdf

International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

Author : Marcel Fontaine,Filip de Ly
Publisher : BRILL
Page : 674 pages
File Size : 55,8 Mb
Release : 2015-03-31
Category : Law
ISBN : 9789047430230

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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 : Renzo Cavalieri,Vincenzo Salvatore
Publisher : Unknown
Page : 240 pages
File Size : 41,6 Mb
Release : 2019
Category : Law
ISBN : 8892119796

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

Author : Marcel Fontaine,Filip de Ly
Publisher : BRILL
Page : 665 pages
File Size : 41,9 Mb
Release : 2006-04-03
Category : Law
ISBN : 9789047440222

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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 : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 54,9 Mb
Release : 2009-03-27
Category : Law
ISBN : 9789004194694

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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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2024-07-04
Category : Export controls
ISBN : LCCN:2008247007

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International Contract Manual by Anonim Pdf

Author : Renzo Cavalieri,Vincenzo Salvatore
Publisher : Unknown
Page : 241 pages
File Size : 53,5 Mb
Release : 1899
Category : LAW
ISBN : 8892181769

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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 : Ekaterina Pannebakker
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 2016
Category : 86.26 law of obligations
ISBN : 1780684495

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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 : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 347 pages
File Size : 53,7 Mb
Release : 2014-05-29
Category : Law
ISBN : 9781107029187

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International Commercial Contracts by Giuditta Cordero-Moss Pdf

The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 41,9 Mb
Release : 2009-03-01
Category : Law
ISBN : 9789004177161

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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 : Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher : OUP Oxford
Page : 1069 pages
File Size : 43,9 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780191631054

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Global Sales and Contract Law by Ingeborg Schwenzer,Pascal Hachem,Christopher Kee Pdf

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Author : Arjan Van Weele
Publisher : World Scientific
Page : 523 pages
File Size : 45,7 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781908979513

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International Contracting by Arjan Van Weele Pdf

This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.