Multi-Party and Multi-Contract Arbitration in the Construction Industry
Multi-Party and Multi-Contract Arbitration in the Construction Industry

Author: Dimitar Kondev

Publisher: John Wiley & Sons

Published: 2017-01-23

Total Pages: 408

ISBN-13: 111925180X

DOWNLOAD EBOOK

Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Contracts for Infrastructure Projects
Contracts for Infrastructure Projects

Author: Philip Loots

Publisher: Taylor & Francis

Published: 2022-05-18

Total Pages: 849

ISBN-13: 1000566528

DOWNLOAD EBOOK

Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.

An International Restatement of Contract Law
An International Restatement of Contract Law

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

Published: 2009-03-01

Total Pages: 706

ISBN-13: 9004177167

DOWNLOAD EBOOK

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.

An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts
An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

Published: 2009-03-27

Total Pages: 706

ISBN-13: 900419469X

DOWNLOAD EBOOK

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. 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.

Managing Difficult Projects
Managing Difficult Projects

Author: Andre Costin

Publisher: Routledge

Published: 2008-05-09

Total Pages: 352

ISBN-13: 1136385053

DOWNLOAD EBOOK

Managing Difficult Projects pulls together the principles and practice of project management and presents useful diagnostic approaches, tools and structures in a clear and practical way. The book focuses on the diagnosis and resolution of “difficult” problems whether in large or small complex projects. The intent is to help corporate executives and project management practitioners apply proven processes, methodologies, systems, structures and tools to rally the information and the resources required for better decisions, faster delivery and improved results. This essential book shows how to plan effectively and to reduce risk at every step of project delivery, particulary vital during project implementation when 90% of project funding is spent. It covers new ground by proposing the use of the project management process as an integral part of setting and updating corporate strategy. In projects, context is everything! The text is amply illustrated with international case studies, charts, photos, graphs and data tables.

International Contracting
International Contracting

Author: Larry A. DiMatteo

Publisher: Kluwer Law International B.V.

Published: 2021-11-05

Total Pages: 804

ISBN-13: 9403528400

DOWNLOAD EBOOK

For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. 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, 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 the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University

Incoterms 2020 Handbook
Incoterms 2020 Handbook

Author: Lauri Railas

Publisher: Kluwer Law International B.V.

Published: 2023-03-09

Total Pages: 310

ISBN-13: 9403521066

DOWNLOAD EBOOK

Global Trade Law Series, Volume 57 The internationally accepted trade terms known as Incoterms constitute a key instrument for supply chain management. Although the terms have been used worldwide in contracts of sale for nearly a century, there is surprisingly little practical legal guidance on how to use them properly to avoid mishaps and unnecessary disputes. This book – by an expert who has been active in the formal interpretation, drafting and application of the various versions of the Incoterms since the 1990s – thoroughly explains for sophisticated users the framing and implications of each term in the complex international trade and transport environment where English is the lingua franca. Fully detailing the use of Incoterms® 2020 in contracts of sale, interacting with contracts of transport, insurance, and finance, the author provides in-depth descriptions and analyses of each of the 11 Incoterms® 2020 in the logistical order of a sales transaction, along with practical notes about the use of each term. Issues covered include the following: at which stage of a supply chain the delivery of the goods takes place; when the risk of loss or damage to the goods passes from seller to buyer; how to treat delay from the risk point of view not expressly addressed by Incoterms® 2020; who contracts for or arranges carriage and who procures insurance; role of transport documents and other delivery documents and their electronic equivalents; clearing through customs, licences, authorizations, security clearances, and other formalities; checking, packaging, and marking of the goods; how the costs involved in delivery operations are divided between seller and buyer; delivery implications relating to other parts of the contract of sale; special deliveries with insight into container deliveries, deliveries of large objects, dangerous goods, deliveries including installations, deliveries through pipelines, deliveries of software, intra-group deliveries, courier deliveries and the interface with consumer law; challenges caused by logistic bottlenecks such as those deriving from the COVID-19 pandemic; consequences of delay in delivery; economic sanctions; and use of force majeure and hardship clauses. The presentation is richly supported with many illustrations and charts and numerous case studies. Managers or professionals responsible for sales or procurement or logistics in sale of goods, including transport, freight forwarding, and marine insurance, will greatly benefit from the book’s practical guidance, as will in-house lawyers, accountants, surveyors, and other experts involved in concluding sales contracts or settling disputes in connection with them. Academics and students concerned with commercial subjects will appreciate the author’s detailed and knowledgeable treatment of the subject.