Drafting International Contracts

Drafting International Contracts
Author: Marcel Fontaine
Publisher: BRILL
Total Pages: 674
Release: 2015-03-31
Genre: Law
ISBN: 9047430239

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.

Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts
Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
Total Pages: 368
Release: 2020-12-25
Genre: Law
ISBN: 178897106X

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

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.
Total Pages: 322
Release: 2019-07-15
Genre: Law
ISBN: 9403514736

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 and Negotiating International Commercial Contracts

Drafting and Negotiating International Commercial Contracts
Author: Fabio Bortolotti
Publisher: Kluwer Law International
Total Pages: 0
Release: 2009-02-18
Genre: Conflict of laws
ISBN: 9789041128591

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.

The Impact of Corruption on International Commercial Contracts

The Impact of Corruption on International Commercial Contracts
Author: Michael Joachim Bonell
Publisher: Springer
Total Pages: 454
Release: 2015-08-29
Genre: Law
ISBN: 3319190547

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

International Contracts and Payments

International Contracts and Payments
Author: Peter Sarcevic
Publisher: Springer
Total Pages: 170
Release: 1991-12-20
Genre: Law
ISBN:

This work analyzes a range of current problems relating To The law and practice of international finance. Attention is paid To The European Currency Unit And The Special Drawing Right, exchange rates and legal opinions in international financing. The high quality of the expert contributions to this work is enhanced by the combined perspectives of both experienced legal practitioners and leading academics. – the European Currency Unit (ECU) And The Special Drawing Right (SDR): Legal Assessment of a Worldwide and a Regional Basket Unit (Hugo J. Hahn). – Adapting Restructuring and Loan Agreements to New International Debt Management Strategies (Andre W.G. Newburg). – the Draft UNCITRAL Model Law on International Credit Transfer (Eric Bergsten). – the Law of International Documentary Credits: Principles, Liabilities and Responsibilities (Ljudevit Rosenberg). – Contract Guarantees (Lars A.E. Hjerner). – Bills of Exchange in International Trade (Reinhard Welter). – Legal Opinions in International Financial Transaction (Paul Volken). – International Financial Law: Conflict of Laws (Petar Šarcevic) .

International Commercial Contracts

International Commercial Contracts
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
Total Pages: 347
Release: 2014-05-29
Genre: Law
ISBN: 113995234X

Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?