Negotiating Techniques In International Commercial Contracts

Author : Charles Chatterjee
Publisher : Routledge
Page : 165 pages
File Size : 42,6 Mb
Release : 2020-09-29
Category : Business & Economics
ISBN : 9781000160413

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Negotiating Techniques in International Commercial Contracts by Charles Chatterjee Pdf

Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts. The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.

Author : William Fox
Publisher : Springer
Page : 0 pages
File Size : 42,7 Mb
Release : 1998-08-28
Category : Law
ISBN : 9041106383

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International Commercial Agreements:A Primer on Drafting, Negotiating and Resolving Disputes by William Fox Pdf

Trade between nations is worth billions of dollars a year and will continue to increase with the rise in world population. But the complexities and nuances involved often make aspects of transnational contracts impenetrable. As a result, the need is stronger than ever for a one-volume text on the fundamentals of International Commercial Transactions for lawyers, businesspeople, and others involved in or considering international deals. International Commercial Agreements, now in its third edition , meets this need by providing basic, precise information on setting up and performing international trade transactions. Its popularity is a testament to its uniqueness--the bulk of work on this subject is concentrated in inaccessible, multi-volume treaties or scattered among law journal articles and assumes expertise in the arena and familiarity with the legal jargon. This book focuses on the private dimensions of international trade, and specifically on its contractual aspects. Its focus reflects the reality of the day-to-day business of international trade, which is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two contracting parties for performance by them with occasional third-party assistance. The work is organized so that the user can read or skip various topics as needed rather than having to read cover-to-cover. Coverage includes: specific guidance on drafting commercial agreements; background material on contract formation, including basic information on contract law; information on differences between international and domestic contracts; exploration of negotiation techniques and coverage of new thinking in negotiation to help smooth the negotiation process; and discussion of alternative dispute resolution issues.

Author : Fabio Bortolotti
Publisher : Kluwer Law International
Page : 0 pages
File Size : 45,7 Mb
Release : 2009-02-18
Category : Conflict of laws
ISBN : 904112859X

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Drafting and Negotiating International Commercial Contracts by Fabio Bortolotti Pdf

Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.

Author : Stefanie Jung,Peter Krebs
Publisher : Springer
Page : 242 pages
File Size : 42,8 Mb
Release : 2019-06-14
Category : Law
ISBN : 9783030128661

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The Essentials of Contract Negotiation by Stefanie Jung,Peter Krebs Pdf

This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.

Author : Charles Chatterjee
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2021
Category : Electronic
ISBN : 3030817334

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Negotiating Techniques in Diplomacy and Business Contracts by Charles Chatterjee Pdf

Diplomacy is an established discipline, but it is still wearing its old garments,failing to display its capacity to deal with new unique bi-lateral and international disputes. In conformity with the provisions of Article 33 of the UN Charter, this book emphasises the need for current-day diplomats to have appropriate training in negotiation and conciliation techniques rather than leaving inter-state or international dispute hearings unsettled with their inevitable consequences. The book also identifies the role and effectiveness of negotiating techniques in conducting business contracts, women's role in negotiating diplomatic and business deals, negotiating techniques in import-export trade, project finance, and syndicated loan agreements. It further discusses the UN system and diplomacy. The opinions expressed in this book are those of the author, and in no way may be attributed to the institution to which he belongs. Charles Chatterjee is Associate Research Fellow at the Institute of Advanced Legal Studies, University of London, UK. He has published books and articles on a variety of topics including diplomacy, private foreign investments, dispute settlement, banking, import-export trade, public international law and other related topics.

Author : Gustavo Moser,Michael McIlwrath
Publisher : Unknown
Page : 122 pages
File Size : 41,8 Mb
Release : 2020-11-26
Category : Electronic
ISBN : 9490947091

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Negotiating Int Comm Contracts by Gustavo Moser,Michael McIlwrath Pdf

"A must-have toolkit for anyone entering the unchartered territory of international contracts"Prof. (em.) Ingeborg Schwenzer "Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." Prof. George A. Bermann "A useful tool to assist lawyers hoping to enhance their skills in negotiating contracts with international elements." Prof. William W. Park "This book is a must-have tool for teachers, learners, legal practitioners, and business negotiators in international commercial contracts. It provides interactive, hands-on learning that keeps the reader turning pages filled with practical exercises and tips, and explains the law and underlying theories shoring up the practice. The book can be used independently or part of a course where participants can engage in the exercises, followed with discussion. A brilliant and innovative approach to understanding and honing skills in negotiating commercial contracts, created by two highly experienced experts." Prof. Patricia Shaughnessy Negotiating International Commercial Contracts - Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors' experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive law to govern the contract (or the failure to choose a law); and (ii) the method and place of dispute resolution (or the failure to specify in the dispute resolution clause). You will be invited to consider challenging situations, all of which are designed to enhance your ability to anticipate legal and business risks, minimise potential pitfalls and give you an idea of a checklist to tackle these commercial issues. The suggested answers aim to guide you towards the sort of thoughtful approach that will help you with similar situations in real life, and allow you to make commercially sensible decisions to avoid being caught by the "all-too-familiar" approach. This workbook is designed to assist anyone involved in the negotiation, enforcement, or interpretation of international commercial contracts. The book aims to help build skills for any counsel assisting clients in international transactions, including those in law firms and in-house legal departments, those acting as judges, arbitrators, mediators, or for training purposes in university and professional training courses.

Author : Roger Fisher,William Ury,Bruce Patton
Publisher : Houghton Mifflin Harcourt
Page : 242 pages
File Size : 55,9 Mb
Release : 1991
Category : Business & Economics
ISBN : 0395631246

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Getting to Yes by Roger Fisher,William Ury,Bruce Patton Pdf

Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Author : Jeffrey E. Curry
Publisher : World Trade Press
Page : 200 pages
File Size : 50,8 Mb
Release : 1999
Category : Business & Economics
ISBN : 1885073518

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A Short Course in International Negotiating by Jeffrey E. Curry Pdf

This book provides the foundation for successful international negotiations. Whether buying a suitcase of sweaters in the Andes or negotiating a joint venture factory in China that will employ 3,000 workers, this book will prove to be invaluable.

Author : Lothar Katz
Publisher : Booksurge Publishing
Page : 478 pages
File Size : 44,7 Mb
Release : 2006
Category : Business and politics
ISBN : UCLA:L0099971780

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Negotiating International Business by Lothar Katz Pdf

Pt. 1. International negotiations. -- Pt. 2. Negotiation techniques used around the world. -- Pt. 3. Negotiate right in any of 50 countries.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2013
Category : Electronic
ISBN : 9284201829

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Drafting and Negotiating by Anonim Pdf

Author : Frank Adoranti
Publisher : Global Professional Publishi
Page : 284 pages
File Size : 41,6 Mb
Release : 2003
Category : Business & Economics
ISBN : 0852977204

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The Managers Guide to Understanding Commercial Contract Negotiation by Frank Adoranti Pdf

* Examples are given from "real-life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.

Author : Mark Anderson,Victor Woroner
Publisher : Bloomsbury Publishing
Page : 511 pages
File Size : 52,7 Mb
Release : 2023-02-13
Category : Law
ISBN : 9781526517265

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Drafting and Negotiating Commercial Contracts by Mark Anderson,Victor Woroner Pdf

This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Author : Steve Hay,Alan McCarthy,John Hay Agent for RDC
Publisher : Apress
Page : 163 pages
File Size : 54,7 Mb
Release : 2015-02-19
Category : Business & Economics
ISBN : 9781484208502

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Advanced Negotiation Techniques by Steve Hay,Alan McCarthy,John Hay Agent for RDC Pdf

Advanced Negotiation Techniques provides a wealth of material in a winning combination of practical experience and good research to give you a series of tools, techniques, and real-life examples to help you achieve your negotiation objectives. For 25 years and across 40 countries, the Resource Development Centre (RDC), run by negotiation experts Alan McCarthy and Steve Hay, has helped thousands of people to conduct successful negotiations of every type. Many RDC clients have been business professionals who have learned how to sell more successfully. Others have improved their buying skills. A few clients have applied the RDC techniques outside the business environment altogether—for instance, in such areas as international diplomatic services, including hostage and kidnap situations. As you’ll discover, the RDC philosophy is centered on business ethics and a principled approach to negotiation that maximizes the value of the outcomes for both parties. It can even create additional value that neither party could find in isolation. In this book, you will learn: The ten golden rules for successful negotiations How to handle conflicts with your negotiating partners What hostage and kidnapping negotiations can teach managers negotiating in business settings How to ensure both sides perceive any agreement as a "win" Achieve higher-profit deals in difficult circumstances In the business world, negotiating with other companies, government officials, and even your colleagues is a fact of life. Advanced Negotiation Techniques takes you through a system for planning and conducting negotiations that will enable you and your team to achieve your negotiation objectives. This is an internationally tried and tested process, with many current Blue Chip organizations applying it daily for a simple reason: the techniques are easy to implement and they work. That makes this book essential reading for those who want to achieve their goals in any area of life.

Author : Aditya Tripathi
Publisher : Notion Press
Page : 240 pages
File Size : 44,9 Mb
Release : 2022-03-28
Category : Law
ISBN : 9798886063578

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Understanding and Negotiating Commercial Contracts by Aditya Tripathi Pdf

“If cash is the bloodline, contracts are the veins for business through which this blood flows.” Commercial business contracts sometimes are a mirage for legal professionals and more so for law students and other professionals. They are the main source of value creation or destruction for any organization. This book offers guidance to understand and navigate through all topics in a commercial B2B contract and enable the readers to negotiate and draft better commercial contracts so that contracts became a source of value generation and lasting business relationship because “strong boundary walls make neighbours gel better and longer”. If you are worried that your contracts may have “landmines” that could affect your business and margins and you wanted to use commercial contracts as a tool for value generation, then this book is for you. This book helps you avoid the “landmines” and create or spot “goldmines” in commercial contracts. The book is written and designed in a non-legal vocabulary so that both legal and non-legal professionals can use this book and extract the benefits of efficient commercial contracts.

Author : Vladimir R. Rossman,Morton Moskin
Publisher : Wolters Kluwer
Page : 2506 pages
File Size : 49,8 Mb
Release : 2012-12-17
Category : Law
ISBN : 9781454831099

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Commercial Contracts by Vladimir R. Rossman,Morton Moskin Pdf

In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more