Well-known since its first edition for its lucid explanation of the important concepts affecting international commercial agreements in terms that a lawyer or business executive new to the field can understand and use - rather than the legal jargon of experts talking to other experts - this incomparable work provides basic, precise information on setting up and performing international trade transactions. Its focus reflects the reality of the day-to-day business of international trade, which is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two parties for performance by them with occasional third-party assistance.Reinforcing the book's concentration on the private dimensions of international trade, and more precisely on the contractual aspects of that trade, the Fourth Edition extends its coverage to the newest growing dimensions of the field, with new chapters on intellectual property, international electronic commerce, etc
Trade between nations is worth billions of dollars a year and will continue to increase with the rise in world population. But the complexities and nuances involved often make aspects of transnational contracts impenetrable. As a result, the need is stronger than ever for a one-volume text on the fundamentals of International Commercial Transactions for lawyers, businesspeople, and others involved in or considering international deals. International Commercial Agreements, now in its third edition , meets this need by providing basic, precise information on setting up and performing international trade transactions. Its popularity is a testament to its uniqueness--the bulk of work on this subject is concentrated in inaccessible, multi-volume treaties or scattered among law journal articles and assumes expertise in the arena and familiarity with the legal jargon. This book focuses on the private dimensions of international trade, and specifically on its contractual aspects. Its focus reflects the reality of the day-to-day business of international trade, which is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two contracting parties for performance by them with occasional third-party assistance. The work is organized so that the user can read or skip various topics as needed rather than having to read cover-to-cover. Coverage includes: specific guidance on drafting commercial agreements; background material on contract formation, including basic information on contract law; information on differences between international and domestic contracts; exploration of negotiation techniques and coverage of new thinking in negotiation to help smooth the negotiation process; and discussion of alternative dispute resolution issues.
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
The numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. Broadly speaking, the choice of regime will impact the way in which an arbitration is conducted; its duration and expense; the outcome of the dispute; and the ultimate enforceability of the award. To inform the parties’ choice, this book is the first to deal specifically and in depth with a broad range of institutional and ad hoc arbitration rules on a comparative basis. It provides a practical guide to the rules in one book—a one-stop shop—from a distinctly “rule” and “guide” point of view. This book has its genesis in the authors’ experience as practitioners and educators in international commercial and investor-state arbitration—and as advisers to, and trainers for, arbitral institutions, arbitrators, judges and government officials around the world. This comprehensive, descriptive and analytical “road map” covers the broad range of issues addressed in nine representative major sets of arbitration rules. The authors detail the distinct ways in which rules governing such important issues as the following may differ among the various arbitral regimes: the governance structure and role of the administering institutions in the arbitration, including case management and administrative support; the critical and recommended issues to be established in the agreement to arbitrate, such as the place of arbitration and the governing law among others; the requirements and best practices for starting the arbitration on the right foot; the procedures for selecting, appointing and challenging arbitrators; the impact of the initial procedural conference on the proceedings; the rules on presenting the case in chief: written submissions, documentary evidence, witness and expert testimony and more; the costs and fees of leading institutions; the procedures and standards for award scrutiny and enforceability; and a range of special and innovative procedures such as expedited proceedings, interim relief and consolidation of proceedings. The comparative analysis is organized around the chronological phases of an international arbitration and supported by rule comparison tables and clear explanations of each step of the process. With this eminently practical book, contract negotiators, counsel and arbitrators can confidently navigate any international arbitration. Thorough coverage of the applicable rules and guidelines enables parties and/or the tribunal to design bespoke arbitration procedures based upon the various rules of leading regimes. Arbitral institutions can survey the different approaches and identify emerging best practices in the design and drafting of arbitral regimes. All in all, this volume is a useful guide and comprehensive framework of rules for both arbitration practitioners and users of arbitration services, as well as for students and teachers of international arbitration.
Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.
Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition, helps international students understand and approach legal reasoning and writing the way law students and attorneys do in the United States. With concise and clear text, Professor Nedzel introduces the unique and important features of the American legal system and American law schools. Using clear instruction, examples, visual aids, and practice exercises, she teaches practical lawyering skills with sensitivity to the challenges of ESL students. New to the Fifth Edition: Streamlined presentation makes the material even more accessible. Chapters are short, direct, and to the point. Five chapters on reasoning and writing, including exam skills, office memos, and rewriting. Full chapters on contract drafting and scholarly writing. New flowcharts provide a concise, visual overview for each chapter. Citation coverage updated to new 21st edition of The Bluebook. Simplified examples and exercises. Three thoroughly revised chapters on legal research, including non-fee legal research and technological changes in the practice of U.S. law. Professors and student will benefit from: Comparative perspective informs readers about the unique features of American law as compared to civil law, Islamic law, and Asian traditions. Explanations of practical skills assume no former knowledge of the American legal system. U.S. law school necessary skills explained immediately: case briefing, creating a course outline, time management, reading citations, and writing answers to hypothetical exam questions. Short, lucid chapters that reiterate major points to aid comprehension. Clear introductions to writing hypothetical-based exams, legal memoranda, contract drafting and scholarly writing. An integrated approach to proper citation format, with explanation and instruction provided in context. Discussion of plagiarism and U.S. law school honor codes. Practical skill-building exercises in each chapter. Research exercises are primarily Internet-based Charts and summaries that are useful learning aids and reference tools
International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.
