Drafting and Negotiating International Commercial Contracts

Drafting and Negotiating International Commercial Contracts

Author: Fabio Bortolotti

Publisher: Kluwer Law International

Published: 2009-02-18

Total Pages: 0

ISBN-13: 9789041128591

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Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.


Drafting and Negotiating Commercial Contracts

Drafting and Negotiating Commercial Contracts

Author: Mark Anderson

Publisher: Bloomsbury Publishing

Published: 2023-02-13

Total Pages: 425

ISBN-13: 1526517256

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This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.


Negotiating International Business

Negotiating International Business

Author: Lothar Katz

Publisher: Booksurge Publishing

Published: 2006

Total Pages: 478

ISBN-13:

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Pt. 1. International negotiations. -- Pt. 2. Negotiation techniques used around the world. -- Pt. 3. Negotiate right in any of 50 countries.


Getting to Yes

Getting to Yes

Author: Roger Fisher

Publisher: Houghton Mifflin Harcourt

Published: 1991

Total Pages: 242

ISBN-13: 9780395631249

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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.


The Essentials of Contract Negotiation

The Essentials of Contract Negotiation

Author: Stefanie Jung

Publisher: Springer

Published: 2019-06-14

Total Pages: 250

ISBN-13: 3030128660

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This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.


International Negotiation in a Complex World

International Negotiation in a Complex World

Author: Brigid Starkey

Publisher: Rowman & Littlefield

Published: 2016-08-22

Total Pages: 219

ISBN-13: 144227672X

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The process of negotiation, standing as it does between war and peace in many parts of the globe, has never been a more vital process to understand than in today's rapidly changing international system. Students of negotiation must first understand key IR concepts as they try to incorporate the dynamics of the many anomalous actors that regularly interact with conventional state agents in the diplomatic arena. This hands-on text provides an essential introduction to this high-stakes realm, exploring the impact of complex multilateralism on traditional negotiation concepts such as bargaining, issue salience, and strategic choice. Using an easy-to-understand board game analogy as a framework for studying negotiation episodes, the authors include a rich array of real-world cases and examples—now updated with the results of the Paris climate change agreement—to illustrate key themes, including the intensity of crisis situations for negotiators, the role of culture in communication, and the impact of domestic-level politics on international negotiations. Providing tools for analyzing why negotiations succeed or fail, this innovative text also presents effective exercises and learning approaches that enable students to understand the complexities of negotiation by engaging in the diplomatic process themselves.


Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts

Author: Kit Werremeyer

Publisher: John Wiley & Sons

Published: 2023-07-19

Total Pages: 390

ISBN-13: 1394150202

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Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.


The Professor Is In

The Professor Is In

Author: Karen Kelsky

Publisher: Crown

Published: 2015-08-04

Total Pages: 450

ISBN-13: 0553419420

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The definitive career guide for grad students, adjuncts, post-docs and anyone else eager to get tenure or turn their Ph.D. into their ideal job Each year tens of thousands of students will, after years of hard work and enormous amounts of money, earn their Ph.D. And each year only a small percentage of them will land a job that justifies and rewards their investment. For every comfortably tenured professor or well-paid former academic, there are countless underpaid and overworked adjuncts, and many more who simply give up in frustration. Those who do make it share an important asset that separates them from the pack: they have a plan. They understand exactly what they need to do to set themselves up for success. They know what really moves the needle in academic job searches, how to avoid the all-too-common mistakes that sink so many of their peers, and how to decide when to point their Ph.D. toward other, non-academic options. Karen Kelsky has made it her mission to help readers join the select few who get the most out of their Ph.D. As a former tenured professor and department head who oversaw numerous academic job searches, she knows from experience exactly what gets an academic applicant a job. And as the creator of the popular and widely respected advice site The Professor is In, she has helped countless Ph.D.’s turn themselves into stronger applicants and land their dream careers. Now, for the first time ever, Karen has poured all her best advice into a single handy guide that addresses the most important issues facing any Ph.D., including: -When, where, and what to publish -Writing a foolproof grant application -Cultivating references and crafting the perfect CV -Acing the job talk and campus interview -Avoiding the adjunct trap -Making the leap to nonacademic work, when the time is right The Professor Is In addresses all of these issues, and many more.


Getting to We

Getting to We

Author: J. Nyden

Publisher: Springer

Published: 2013-09-09

Total Pages: 234

ISBN-13: 1137344156

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Drawing on best practices and real examples from companies who are achieving record results, Getting to We flips conventional negotiation on its head, shifting the perspective from a tug of war between parties to a collaborative partnership where both sides effectively pull against a business problem.