Boilerplate Clauses International Commercial Contracts And The Applicable Law


Boilerplate Clauses International Commercial Contracts And The Applicable Law
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Boilerplate Clauses International Commercial Contracts And The Applicable Law


Boilerplate Clauses International Commercial Contracts And The Applicable Law
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17

Boilerplate Clauses International Commercial Contracts And The Applicable Law written by Giuditta Cordero-Moss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.


With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.



International Commercial Contracts


International Commercial Contracts
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-29

International Commercial Contracts written by Giuditta Cordero-Moss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-29 with Law categories.


The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.



International Commercial Contracts


International Commercial Contracts
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-31

International Commercial Contracts written by Giuditta Cordero-Moss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-31 with Law categories.


Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.



A Z Guide To Boilerplate And Commercial Clauses


A Z Guide To Boilerplate And Commercial Clauses
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Author : Mark Anderson
language : en
Publisher:
Release Date : 2019

A Z Guide To Boilerplate And Commercial Clauses written by Mark Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Clauses (Law) categories.


"A lot of people when drafting an agreement will concentrate on the core commercial terms, rather than the boilerplate clauses. Some see the word "boilerplate" as referring to "unimportant" contract terms. This is very dangerous as a failure to consider all the provisions of a commercial agreement can have serious consequences. Often these consequences will come when it is too late to do anything about the contract terms, ie after the agreement is signed. A boilerplate clause sometimes deals with important operational issues such as the law of the contract or how notices may be sent. On other occasions, the clause deals with commercial issues that may not seem important, until a problem arises. For example, a force majeure clause only becomes significant if a party cannot perform its obligation due to circumstances beyond their control with such circumstances arising rarely, but when they do the force majeure clause comes into its own. A-Z Guide to Boilerplate and Commercial Clauses guides the user through each clause, explaining its purpose, considering its relevance in an agreement, discussing drafting issues and providing illustrative examples. The legal commentary and practical guidance helps the user to better understand the legal framework underpinning a boilerplate clause and how the courts are likely to view boilerplate and commercial clauses in the event of a dispute. For ease of reference the clauses are arranged in alphabetical order ranging from Acknowledgements to Warranties and are laid out in a modern, clear and accessible format. A set of typical boilerplate terms as they might be found in a commercial contract is included as an appendix. Since the third edition, major developments in case law and legislation have resulted in the revision of existing clauses and the development of new standard clauses. The book comes with an electronic download of the clauses. On purchase, you will be provided with a code and a web link from which the clauses can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."



Boilerplate


Boilerplate
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Author : Richard Christou
language : en
Publisher:
Release Date : 2015

Boilerplate written by Richard Christou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Clauses (Law) categories.




Understanding Commonly Used Contract Terms


Understanding Commonly Used Contract Terms
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Author : Frank Adoranti
language : en
Publisher:
Release Date : 2004

Understanding Commonly Used Contract Terms written by Frank Adoranti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Clauses (Law) categories.


Every manager from the CEO down needs to have a basic understanding of commercial contracts and their ramifications and this publication will help them spot potential contractual negotiation issues before they become a problem. In the event of a lawsuit it will also help them work more effectively with their lawyers.



A Z Guide To Boilerplate And Commercial Clauses


A Z Guide To Boilerplate And Commercial Clauses
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Author : Mark S. Anderson
language : en
Publisher: Butterworths
Release Date : 2005-03

A Z Guide To Boilerplate And Commercial Clauses written by Mark S. Anderson and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03 with categories.


This title provides up-to-date, practical drafting guidance on the purpose and effect of a wide range of boilerplate clauses in common use. It also covers a selection of other contract clauses frequently encountered in many types of commercial agreement. The book includes: a step-by-step commentary; examples of best practice in different situations; detailed notes on each type of boilerplate clause; relevant precedents in full; statutory definitions. For ease of reference, the clauses are arranged in alphabetical order. For quick application of the drafting principles, a disk containing the full text of all clauses and precedents is included free with the book.



International Commercial Agency And Distribution Agreements


International Commercial Agency And Distribution Agreements
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Author : Cristelle Albaric
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-06

International Commercial Agency And Distribution Agreements written by Cristelle Albaric and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-06 with Law categories.


In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.



Model Contracts For Small Firms


Model Contracts For Small Firms
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Author : International Trade Centre
language : en
Publisher: United Nations
Release Date : 2010-09-03

Model Contracts For Small Firms written by International Trade Centre and has been published by United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-03 with Political Science categories.


This book contains the main international commercial contracts that small and medium-sized enterprises (SMEs) will need in their trade transactions. All contracts are harmonized in structure as well as in content through the insertion in each of identical boilerplate or recurring clauses. Each Model Contract indicates the basic elements that a non-specialist should fill in or should consider when entering into an agreement. The nine model forms and the boilerplate clauses were selected on the basis of a worldwide survey of representative institutions of SMEs. The Model Contracts will be supplemented in due course with training material developed ITC.



Drafting International Contracts


Drafting International Contracts
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Author : Marcel Fontaine
language : en
Publisher: BRILL
Release Date : 2006

Drafting International Contracts written by Marcel Fontaine and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Business & Economics categories.


"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.