The Law Of Cross Border Business Transactions
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Author | : Lutz-Christian Wolff |
Publisher | : Kluwer Law International |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Aftaleret |
ISBN | : 9789041140012 |
As cross-border business transactions are nowadays routine matters for business entities all over the world, the related legal aspects are becoming more and more complex. This book provides a structured introduction to the law and practice of investment deals (e.g. greenfield projects, Mand&As and hybrid forms) and of non-investment transactions (e.g. trade, technology transfer and services). Substantive law issues, procedural aspects, and skills related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. Recognizing that cross-border business projects can take very different forms depending on the partiesand’ strategic choice, the factual background and the applicable law, the author describes a wide spectrum of transaction types. He explores underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and Mand&A; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. Of special value is the authorand’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources ensure that legal professionals, business managers and academics as well as other interested parties.
Author | : Aaron Xavier Fellmeth |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Export sales contracts |
ISBN | : 9780314271525 |
This course book offers entertaining and systematically organized content to explain the many complex legal regimes governing international business transactions. The book is written by an experienced international business lawyer and introduces all major legal aspects of cross-border business, focusing on U.S.-based law practice. This book covers transactional, regulatory, and treaty regimes, with special emphasis on the modern need to protect intellectual property and plan for disputes. It integrates visual aids, career advice by eminent practicing attorneys in each legal field, policy problems, and practice problems to hone skills in issue spotting and applied legal analysis.
Author | : H. van Houtte |
Publisher | : Sweet & Maxwell |
Total Pages | : 352 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780421653801 |
A collection of essays on topical contract issues, covering subjects including: Paradine v Jayne; foreign currency judgements; agency problems in insurance law; increased expense and frustration; failure of consideration; restitutionary consequences of illegality; and proprietary estoppel
Author | : Lutz-Christian wolff |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 474 |
Release | : 2017-12-15 |
Genre | : Law |
ISBN | : 9041186832 |
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.
Author | : Richard Appelbaum |
Publisher | : Bloomsbury Publishing |
Total Pages | : 442 |
Release | : 2001-12-21 |
Genre | : Law |
ISBN | : 1847312357 |
International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
Author | : Asmat-Nizam Abdul-Talib |
Publisher | : Business Science Reference |
Total Pages | : 335 |
Release | : 2021-12-13 |
Genre | : Business & Economics |
ISBN | : 9781799890720 |
"Cross border business transactions have become increasingly important due to new norms of doing business so this book captures the multi-faceted outlook on international business phenomena particularly when cross border businesses were severely affected by the worldwide pandemic"--
Author | : Wendy Kennedy Venoit |
Publisher | : |
Total Pages | : 484 |
Release | : 2009 |
Genre | : Law |
ISBN | : |
YA roadmap to the most important ethical considerations facing legal practitioners in multi-jurisdictional construction practice.
Author | : Thomas Papadopoulos |
Publisher | : Springer Nature |
Total Pages | : 511 |
Release | : 2019-09-28 |
Genre | : Law |
ISBN | : 3030227537 |
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Author | : Mira Burri |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2021-07-29 |
Genre | : Business & Economics |
ISBN | : 110884359X |
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Author | : Harry C. Sigman |
Publisher | : Walter de Gruyter |
Total Pages | : 279 |
Release | : 2009-04-27 |
Genre | : Law |
ISBN | : 3866537050 |
As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code (U.S.) and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts.