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.


ICC Guide to Export-import

ICC Guide to Export-import

Author: Guillermo Jiménez

Publisher:

Published: 2012

Total Pages: 270

ISBN-13: 9789284201334

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The ICC Guide to Export/Import is all you need in order to succeed in international markets. This easy-to-understand introduction to international trade is at the same time a detailed handbook for the experienced practitioner. Completely updated, the fourth edition of this much acclaimed volume contains an extended analysis of new rules and regulations including ICC¿s Incoterms® 2010, URDG and others as well as crucial topics like online documentation and e-commerce, customs and intellectual property.


Hardship and Force Majeure in International Commercial Contracts

Hardship and Force Majeure in International Commercial Contracts

Author: Fabio Bortolotti

Publisher: Kluwer Law International B.V.

Published: 2019-07-15

Total Pages: 322

ISBN-13: 9403514736

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Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.


Drafting International Contracts

Drafting International Contracts

Author: Marcel Fontaine

Publisher: BRILL

Published: 2015-03-31

Total Pages: 674

ISBN-13: 9047430239

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Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. 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

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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.