International Sales Transactions A Series Of Simulated Negotiation And Drafting Exercises
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International Sales Transactions A Series Of Simulated Negotiation And Drafting Exercises
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Author : Arie Reich
language : en
Publisher:
Release Date : 2009
International Sales Transactions A Series Of Simulated Negotiation And Drafting Exercises written by Arie Reich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This short paper describes a series of simulated negotiation and drafting exercises developed as a tool to teach various aspects of international sales transactions. Students get the opportunity to represent imaginary parties to such transactions and to negotiate on their behalf in front of the class solutions to various real-world problems which they are likely to meet in their future legal or business practice. The series covers the following aspects of international sales transactions: * Drafting an initial memorandum of agreement to cover the main components of the sales transaction;* Allocation of costs and risk in connection with the long shipment: the use of the ICC INCOTERMS;* The UN Convention on International Sales of Goods (CISG): the scope of application of the CISG; its substantive provisions; should one exclude it? Should one exclude some of its provisions? * Modes of payment in international commerce; Letters of Credit;* Allocation of performance risks: drafting a Force Majeure clause;* Settlement of Disputes: choosing between courts and arbitration; drafting exclusive jurisdiction clauses, arbitration and mediation clauses, and choice of law clauses.This type of exercises is very different from those students usually are required to submit in law school, where they are expected to analyze a legal problem and essentially write a judgment - thus implicitly suggesting that all problems should be solved by means of litigation. The premise of this exercise is that in international commerce, litigation is a bad option, due to the extensive costs, significant cultural problems and high level of uncertainty involved, and should only by used as a last resort. Instead, the transaction should be planned and structured in a way that minimizes the risk of a dispute, and when problems arise they should preferably be solved by negotiation.
Negotiating Business Transactions
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Author : Daniel D. Bradlow
language : en
Publisher: Aspen Publishing
Release Date : 2018-06-20
Negotiating Business Transactions written by Daniel D. Bradlow and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-20 with Law categories.
The only offering of its kind, Negotiating Business Transactions: An Extended Simulation Course contains facts and contextual materials, negotiating instructions for each side, and background readings on all aspects of the transaction. The text is an introduction to both negotiations and transactional legal practice, and meets the ABA practical skills requirements. By bringing a business deal into the classroom, the text helps students study objectives, structures, and strategies and learn by doing in a setting where mistakes become lessons--not malpractice. The text enables students to develop negotiating and drafting skills as they experience the ""real time"" challenges of negotiating deals. Students explore the interaction between business and legal issues in the context of structuring those deals. Then, they can apply what they have learned to produce a solution that meets the client's objectives and is acceptable to the counterparty. Finally, by understanding the social and environmental impacts of business transactions, students can more fully explore issues of professional responsibility in negotiations. Student response has been consistently and overwhelmingly positive. Features: meets ABA practical skills requirements contains simulation materials facts and contextual materials negotiating instructions for each side background readings on all aspects of the transaction introduction to both negotiations and transactional legal practice brings a business deal into the classroom to study objectives, structures and strategies an opportunity to learn by doing in a setting where mistakes are lessons, not malpractice enables students to: experience the ""real time"" challenges of negotiating a business deal explore the interaction between business and legal issues in the context of negotiating and structuring a business deal apply legal knowledge to produce a business solution that meets the client's objectives and is acceptable to the counterparty develop negotiating and drafting skills understand the social and environmental impacts of business transactions examine professional responsibility issues in negotiations student response is consistently and overwhelmingly positive syllabus alternative class formats sample lecture outlines for issues raised by the simulation sample PowerPoint slides debriefing issues
International Sales Agreements
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Author : James M. Klotz
language : en
Publisher:
Release Date : 2008
International Sales Agreements written by James M. Klotz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Export sales contracts categories.
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement that can rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffsand—all these and more must be taken into account in contract negotiations. This is the second edition, expanded and updated, of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organised according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of model clauses designed to cover every contingency, including such factors as the following (and a great deal more): definitions; Incoterms; price adjustments; documentation; labelling; delivery dates; transportation modes; limitation of liability; confidentiality; arbitration; and antitrust issues. Although the clauses are drawn without reference to any particular country, relevant national circumstances are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise as it goes. It would be hard to find a more useful guide.
Negotiating And Structuring International Commercial Transactions
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Author : American Bar Association. Section of International Law and Practice
language : en
Publisher:
Release Date : 1991
Negotiating And Structuring International Commercial Transactions written by American Bar Association. Section of International Law and Practice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Commercial law categories.
A Practical Guide To Drafting Contracts
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Author : Cynthia M. Adams
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-02
A Practical Guide To Drafting Contracts written by Cynthia M. Adams and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-02 with Law categories.
From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts
Getting To Yes
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Author : Roger Fisher
language : en
Publisher: Houghton Mifflin Harcourt
Release Date : 1991
Getting To Yes written by Roger Fisher and has been published by Houghton Mifflin Harcourt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Business & Economics categories.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Cornell University Courses Of Study
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Author : Cornell University
language : en
Publisher:
Release Date : 2007
Cornell University Courses Of Study written by Cornell University and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Universities and colleges categories.
Exchanging Value
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2005
Exchanging Value written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Focuses on "the identification and acquisition, or transfer, through licensing, of technology that is owned by another by virtue of an intellectual property right." - page 5.
Role Play Simulations
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Author : Alexander R. Bolinger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-08-28
Role Play Simulations written by Alexander R. Bolinger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-28 with Education categories.
Role-play simulations are a popular method for active learning in business education. Instructors in a variety of business disciplines use role-plays to facilitate student engagement and promote more dynamic class environments. In this book, the authors provide instructors of all experience levels with frameworks for understanding role-play simulations and implementing them in their classes.
Hbr Guide To Emotional Intelligence Hbr Guide Series
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Author : Harvard Business Review
language : en
Publisher: Harvard Business Press
Release Date : 2017-06-06
Hbr Guide To Emotional Intelligence Hbr Guide Series written by Harvard Business Review and has been published by Harvard Business Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Business & Economics categories.
Managing the human side of work Research by Daniel Goleman, a psychologist and coauthor of Primal Leadership, has shown that emotional intelligence is a more powerful determinant of good leadership than technical competence, IQ, or vision. Influencing those around us and supporting our own well-being requires us to be self-aware, know when and how to regulate our emotional reactions, and understand the emotional responses of those around us. No wonder emotional intelligence has become one of the crucial criteria in hiring and promotion. But luckily it’s not just an innate trait: Emotional intelligence is composed of skills that all of us can learn and improve on. In this guide, you’ll learn how to: Determine your emotional intelligence strengths and weaknesses Understand and manage your emotional reactions Deal with difficult people Make smarter decisions Bounce back from tough times Help your team develop emotional intelligence Arm yourself with the advice you need to succeed on the job, with the most trusted brand in business. Packed with how-to essentials from leading experts, the HBR Guides provide smart answers to your most pressing work challenges.