Boilerplate Clauses International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Format: PDF, Mobi
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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.

Boilerplate Clauses International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 9780521197892
Format: PDF, Docs
Download Now
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.

International Commercial Contracts

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 110702918X
Format: PDF, ePub, Mobi
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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Boilerplate

Author: Richard Christou
Publisher: Sweet & Maxwell
ISBN: 9781847034571
Format: PDF, Kindle
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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.

Negotiating and Drafting Contract Boilerplate

Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Format: PDF, Docs
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This resource educates lawyers and business professionals on how to draft "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions that generally appear at the end of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. This analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's proposed provision.

International Sales Agreements An Annotated Drafting and Negotiating Guide

Author: James Klotz
Publisher: Kluwer Law International
ISBN: 9041106235
Format: PDF
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The sales agreement constitutes an integral part of international trade. Among other things, its sets out the parties' understandings and protects against misinterpretations. Experienced or not, no practitioner faced with drafting and negotiating such a critical document wants to do so in an informational vacuum; the risk of leaving a client exposed is too great. International Sales Agreements is a commercial lawyer's bible in international sales agreement drafting or negotiations. While no two international sales agreements are alike, this book simplifies the issues by addressing them with actual sample provisions. It allows practitioners to reap the benefit of voluminous favorite agreement clauses from attorneys around the world, along with both the guidance of an international business lawyer with `more than twelve years in the trenches' of negotiating international contracts, and the insight of an international business law professor. This is the first step-by-step guide on drafting and negotiating international sales agreements with over 400 sample clauses from which to choose. It analyzes all aspects of an international sales agreement, from the letter-of-intent stage to the boilerplate clauses which typically conclude such an agreement. International Sales Agreements discusses every clause from both the buyer's and seller's perspectives. It also provides the first detailed, annotated look at international sales contracts in the context of the United Nations Convention on the International Sale of Goods which now applies to most international sales agreements. International Sales Agreements illuminates common pitfalls to avoid and points out what practitioners should aim for throughout the process. the invaluable drafting and negotating skills it instills prove highly transferable to other arenas.

International Commercial Agreements

Author: Michala Meiselles
Publisher: Edinburgh University Press
ISBN: 0748679065
Format: PDF, ePub, Docs
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What considerations do you need to take into account when planning an agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? Michala Meiselles answers these questio

Drafting International Contracts

Author: Marcel Fontaine
Publisher: BRILL
ISBN: 9047430239
Format: PDF, ePub, Docs
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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.

Arbitration Clauses for International Contracts 2nd Edition

Author: Paul D. Friedland
Publisher: Juris Publishing, Inc.
ISBN: 1933833068
Format: PDF, Mobi
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"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.

Drafting Effective Contracts

Author: Robert A. Feldman
Publisher: Aspen Publishers Online
ISBN: 0735503761
Format: PDF, ePub, Mobi
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The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.