International Contracting
International Contracting

Author: Larry A. DiMatteo

Publisher: Kluwer Law International B.V.

Published: 2021-11-05

Total Pages: 804

ISBN-13: 9403528400

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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

International Business Contracting
International Business Contracting

Author: Stephen C. Sieberson

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781611636628

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International Business Contracting is designed to teach business and law students how international business contracts are structured and drafted. After several introductory chapters on international business, legal issues, and contract law, the material walks the reader through a series of agreements between two fictional companies--one an American company, the other a business located in a European civil law country. The transactions begin with a sale of goods and then progress to international distribution arrangements, a joint venture, a stock acquisition, and a secured commercial loan. Each chapter opens with a description of the new arrangement between the two parties, followed by a form of contract for their business deal, a point-by-point critique of the contract, and an examination of relevant business and legal issues. While the typical textbook in this field emphasizes theoretical analysis, International Business Contracting takes a highly innovative approach by showing how a commercial relationship is put into writing. In an ideal situation a business contract will reflect the intentions of the parties, allowing them to carry out their activities while protecting them against business and legal risks. If poorly drafted, however, an agreement may create confusion and unnecessary problems. The book explores what constitutes good drafting, often by showing imprecise or ambiguous clauses. Standard contract provisions, referred to as "boilerplate," are examined in detail. In addition to analysis, the book offers negotiation and drafting exercises, so the student can gain "hands-on" experience in how international business executives and lawyers carry out their work. The textbook is designed to permit professors in different departments or universities--even in different countries--to offer parallel courses, with teams of students negotiating with counterpart teams via videoconference. The teacher''s manual offers guidance as to how such coordinated courses can be structured, along with sample syllabi and class notes. "The materials included in both the International Business Contracting book and the Teacher''s Manual are highly innovative and particularly suitable for modern legal teaching methods. The text clearly benefits from the authors'' rich experience in academia and in legal practice. The sequence of chapters, like the approach of their contents, enables the reader or student to develop varying skills, including a better knowledge of a sophisticated and diverse area of law, case analysis, negotiation and drafting abilities. This is in my view a good example of how legal training and learning will be approached in the near future, in a global and delocalized world." -- Manuel Alba, Associate Professor of Commercial Law, Carlos III University of Madrid (Spain) "This comprehensive set of materials, developed and refined by Steve Sieberson and Bruce King over many years of teaching, represents a great step forward for the field of International Business Contracting. Fourteen years ago, I was fortunate to have Steve as my collaborator when we established an International Contracting course linking students at the University of Tokyo and the University of Washington. With the publication of this book, students and teachers across the U.S. and the world will be able to benefit, just as my students and I have." -- Daniel H. Foote, Professor of Law, The University of Tokyo and The University of Washington "International Business Contracting is a unique entry into the rather crowded field of texts related to International Business Transactions courses. In addition to the standard material on the law affecting international business relationships, IBC provides a thorough analysis of, and well-designed negotiation and drafting exercises related to, contracts that document these business relationships, such as a sale of goods, an international distribution arrangement, a joint venture, a stock acquisition, and a secured commercial loan. Intended for use in both law and business curricula and as both a primary text for IBT or as a text for a stand-alone IBC course, the text allows law and business students to develop highly desirable practice-related competencies, while the Teacher''s Manual contains suggestions for syllabi, detailed class coverage, and innovative collaborative opportunities as well as commentary by two experts in the field." -- Becky L. Jacobs, Professor of Law, University of Tennessee College of Law

International Contracting
International Contracting

Author: Arjan Van Weele

Publisher: World Scientific

Published: 2014

Total Pages: 523

ISBN-13: 1908979518

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This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

Introduction to International Business Transactions
Introduction to International Business Transactions

Author: Aaron X. Fellmeth

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 855

ISBN-13: 1035318164

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This updated textbook explains the legal concepts, regimes and actors that regulate international business transactions. The book guides readers through the major aspects of international business law using state-of-the-art teaching techniques and offers comprehensive coverage on key treaties, legal aspects of international commerce and the regulation of global trade and investment.

Multiple Contracts and Coordination in International Construction Projects
Multiple Contracts and Coordination in International Construction Projects

Author: Jürg Künzle

Publisher: Kluwer Law International B.V.

Published: 2020-07-16

Total Pages: 254

ISBN-13: 9403519940

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International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

International Business Transactions
International Business Transactions

Author: Ralph Haughwout Folsom

Publisher: West Academic Publishing

Published: 2009

Total Pages: 532

ISBN-13:

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This is a special break-out edition adapted from the authors widely used International Business Transactions: A Problem-Oriented Coursebook, now in its 10th edition (2009). The purpose of this volume is to facilitate a focused study of issues arising out of planning, operating and terminating foreign investments. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues arising out of the initiation of a foreign investment, as well as operational, financing and termination issues. The primary focus is on lawyers, public and private, as problem solvers.

Venture Capital and Private Equity Contracting
Venture Capital and Private Equity Contracting

Author: Douglas J. Cumming

Publisher: Academic Press

Published: 2013-08-21

Total Pages: 781

ISBN-13: 0124095968

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Other books present corporate finance approaches to the venture capital and private equity industry, but many key decisions require an understanding of the ways that law and economics work together. This revised and updated 2e offers broad perspectives and principles not found in other course books, enabling readers to deduce the economic implications of specific contract terms. This approach avoids the common pitfalls of implying that contractual terms apply equally to firms in any industry anywhere in the world. In the 2e, datasets from over 40 countries are used to analyze and consider limited partnership contracts, compensation agreements, and differences in the structure of limited partnership venture capital funds, corporate venture capital funds, and government venture capital funds. There is also an in-depth study of contracts between different types of venture capital funds and entrepreneurial firms, including security design, and detailed cash flow, control and veto rights. The implications of such contracts for value-added effort and for performance are examined with reference to data from an international perspective. With seven new or completely revised chapters covering a range of topics from Fund Size and Diseconomies of Scale to Fundraising and Regulation, this new edition will be essential for financial and legal students and researchers considering international venture capital and private equity. - An analysis of the structure and governance features of venture capital contracts - In-depth study of contracts between different types of venture capital funds and entrepreneurial firms - Presents international datasets from over 40 countries around the world - Additional references on a companion website - Contains sample contracts, including limited partnership agreements, term sheets, shareholder agreements, and subscription agreements

War as Business
War as Business

Author: Dr Armin Krishnan

Publisher: Ashgate Publishing, Ltd.

Published: 2013-03-28

Total Pages: 226

ISBN-13: 1409498395

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The privatization of defence assets and the outsourcing of military services from the armed forces to the private sector is an increasing trend. This book approaches the issue of military privatization by linking it to the transformation of the defence industries since the early 1990s, and shows the extent to which many military functions and activities, ranging from military research to military consulting/training to operational support services, have already been outsourced in the US and in Europe. This detailed study provides new and updated information on the ongoing privatization of the defence sector and offers an original theoretical explanation as to why the most modern armed forces throughout the world have come increasingly to rely on private companies for nearly everything they do. Contributing to a better understanding of military privatization and its close connection to technological change, the book explains the complexity of the whole phenomenon and discusses its implications for national and international security.

International Business
International Business

Author: Riad A. Ajami

Publisher: M.E. Sharpe

Published: 2006

Total Pages: 584

ISBN-13: 9780765617804

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Useful for undergraduate and graduate students of international business, this work features coverage of the Asian financial crisis and the European Union. Its treatment of such topics as foreign exchange, international trade policy, and economic development introduces students to techniques for analyzing national economies.