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.


Arbitration Clauses for International Contracts - 2nd Edition

Arbitration Clauses for International Contracts - 2nd Edition

Author: Paul D. Friedland

Publisher: Juris Publishing, Inc.

Published: 2007-07-01

Total Pages: 368

ISBN-13: 1933833068

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"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.


International Dispute Resolution

International Dispute Resolution

Author: Vesna Lazić

Publisher: Springer

Published: 2018-07-26

Total Pages: 131

ISBN-13: 946265252X

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The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div


Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code

Publisher: sellier. european law publ.

Published: 2008

Total Pages: 406

ISBN-13: 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.


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.


Contract Interpretation in Investment Treaty Arbitration

Contract Interpretation in Investment Treaty Arbitration

Author: Yuliya Chernykh

Publisher: International Litigation in Press

Published: 2022

Total Pages: 632

ISBN-13: 9789004414679

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"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--


The Creeping Codification of the New Lex Mercatoria

The Creeping Codification of the New Lex Mercatoria

Author: Klaus Peter Berger

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 466

ISBN-13: 9041131795

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Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.


International Commercial Agreements

International Commercial Agreements

Author: Michala Meiselles

Publisher: Edinburgh University Press

Published: 2013-06-24

Total Pages: 345

ISBN-13: 0748679065

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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