Boilerplate Clauses International Commercial Contracts and the Applicable Law

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

International Commercial Contracts

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

International Investment Law and Soft Law

Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Format: PDF, ePub, Docs
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This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

International Commercial Agreements

Author: Michala Meiselles
Publisher: Edinburgh University Press
ISBN: 0748679065
Format: PDF, ePub
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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

Regulatory Competition in Contract Law and Dispute Resolution

Author: Horst Eidenmüller
Publisher: Bloomsbury Publishing
ISBN: 1782251219
Format: PDF, ePub, Mobi
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In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

A Short Guide to Contract Risk

Author: Ms Helena Haapio
Publisher: Gower Publishing, Ltd.
ISBN: 1409473651
Format: PDF, Kindle
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Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

International Sales Agreements An Annotated Drafting and Negotiating Guide

Author: James Klotz
Publisher: Kluwer Law International
ISBN: 9041106235
Format: PDF, ePub
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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.

The Transnational law of international commercial transactions

Author: James Barrigan Marcantonio
Publisher: Kluwer Law Intl
ISBN:
Format: PDF, Mobi
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Every international corporate executive, customs broker, banker, & attorney needs to know what the new North American Free Trade Agreement (NAFTA) will mean to their business & their client's business. This book is an easy to understand summary & analysis of the major provisions of this landmark accord & the side agreements negotiated to assure its passage. It is written in terms simple enough for the layman, but also contains the detailed information that will assist the experienced international trade executive or attorney. A short summary of the contents of this book: * Analysis of Tariff Removals & Staging of Reductions * Reduction in Barriers of Investment * Opening of Trade in the Service Sector * Energy Provisions * Standards & Phytosanitary Regulations * Dispute Settlement Mechanisms * New Transportation Rules * Rules of Origin * Liberalization of Trade in Automotive Products & Parts * Effect on Quotas * Implementation Procedures * New Government Procurement Opportunities * Changes in Customs Procedures. This book is designed to be a practical daily reference tool on your desk or in your briefcase, not just in the library shelf.

Comparability and evaluation

Author: Katharina Boele-Woelki
Publisher: Aspen Pub
ISBN:
Format: PDF, ePub
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The lectures and publications by Professor Kokkini-Iatridou on the criteria of the tertium comparationis and her arguments For The necessity of an evaluation judgement are characteristic of her perspective on the methodology of comparative law. Therefore, this Liber Amicorum is entitled: Comparability and Evaluation . The contributions cover the areas in which Professor Kokkini-Iatridou has taught and published: comparative law, private international law and international commercial arbitration. They are in English, German and French.