International Commercial Contracts

Applicable Sources and Enforceability

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 110702918X

Category: Law

Page: 346

View: 7022

DOWNLOAD NOW »

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

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

Author: Stefan Vogenauer,Jan Kleinheisterkamp

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 1319

View: 5259

DOWNLOAD NOW »

This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts
Release

An International Restatement of Contract Law

The Unidroit Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

ISBN: 9004177167

Category: Law

Page: 691

View: 7818

DOWNLOAD NOW »

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.
Release

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: 2833

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.
Release

The Unidroit Principles of International Commercial Contracts

A Governing Law?

Author: David Oser

Publisher: BRILL

ISBN: 9047440412

Category: Law

Page: 204

View: 3659

DOWNLOAD NOW »

This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
Release

Negotiating Techniques in International Commercial Contracts

Author: Charles Chatterjee

Publisher: Routledge

ISBN: 1351785249

Category: Social Science

Page: 166

View: 486

DOWNLOAD NOW »

This title was first published in 2000: 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.
Release

The Impact of Corruption on International Commercial Contracts

Author: Michael Joachim Bonell,Olaf Meyer

Publisher: Springer

ISBN: 3319190547

Category: Law

Page: 446

View: 8343

DOWNLOAD NOW »

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Release

The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community

Author: Mert Elcin

Publisher: Universal-Publishers

ISBN: 1599423030

Category: Law

Page: 90

View: 8255

DOWNLOAD NOW »

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
Release

International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration

Author: Mahmood Bagheri

Publisher: Kluwer Law International B.V.

ISBN: 9041198105

Category: Business & Economics

Page: 289

View: 6490

DOWNLOAD NOW »

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Release

International Commercial Agreements: An Edinburgh Law Guide

An Edinburgh Law Guide

Author: Michala Meiselles

Publisher: Edinburgh University Press

ISBN: 0748679057

Category: Law

Page: 336

View: 981

DOWNLOAD NOW »

A key reference tool for business managers, lawyers and students, this accessible book covers the essential issues that need to be dealt with when negotiating, planning and writing international commercial agreements. It looks at the issues that must be taken into account when a business located in one country is contracting with a business located in another country, exploring the framework within which such international commercial agreements are concluded.
Release