Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 1139500058

Category: Law

Page: N.A

View: 1791

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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.
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International Commercial Contracts

Applicable Sources and Enforceability

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 110702918X

Category: Law

Page: 346

View: 9419

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

Author: Andrea K. Bjorklund,August Reinisch

Publisher: Edward Elgar Publishing

ISBN: 178100322X

Category: Law

Page: 352

View: 2938

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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.
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International Contracting: Law and Practice

Law and Practice

Author: Larry A. DiMatteo

Publisher: Kluwer Law International B.V.

ISBN: 9041159703

Category: Law

Page: 842

View: 1332

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For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. 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 (such as choice of law and dispute resolution 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 appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.
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International Commercial Agreements

Author: Michala Meiselles

Publisher: Edinburgh University Press

ISBN: 0748679065

Category: Law

Page: 336

View: 509

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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
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A Short Guide to Contract Risk

Author: Ms Helena Haapio,Professor George J Siedel

Publisher: Gower Publishing, Ltd.

ISBN: 1409473651

Category: Law

Page: 190

View: 4169

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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.
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Regulatory Competition in Contract Law and Dispute Resolution

Author: Horst Eidenmüller

Publisher: Bloomsbury Publishing

ISBN: 1782251219

Category: Law

Page: 400

View: 5008

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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.
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The Transnational law of international commercial transactions

Author: James Barrigan Marcantonio

Publisher: Kluwer Law Intl

ISBN: N.A

Category: Business & Economics

Page: 468

View: 2319

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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.
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Contract and Commercial Management - The Operational Guide

Author: International Association for Contract and Commercial Management(IACCM)

Publisher: Van Haren

ISBN: 908753972X

Category: Education

Page: 656

View: 4329

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Almost 80% of CEOs say that their organization must get better at managing external relationships. According to The Economist, one of the major reasons why so many relationships end in disappointment is that most organizations 'are not very good at contracting'. This ground-breaking title from leading authority IACCM (International Association for Contract and Commercial Management) represents the collective wisdom and experience of Contract, Legal and Commercial experts from some of the world s leading companies to define how to partner for performance. This practical guidance is designed to support practitioners through the contract lifecycle and to give both supply and buy perspectives, leading to a more consistent approach and language that supports greater efficiency and effectiveness. Within the five phases described in this book (Initiate, Bid, Development, Negotiate and Manage), readers will find invaluable guidance on the whole lifecycle with insights to finance, law and negotiation, together with dispute resolution, change control and risk management. This title is the official IACCM operational guidance and fully supports and aligns with the course modules for Certification.
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