Standard Contract Terms In Cross Border Business Transactions
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Standard Contract Terms In Cross Border Business Transactions
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Author : Gintautas Šulija
language : en
Publisher: Studien zum europäischen Privat- und Prozessrecht
Release Date : 2011
Standard Contract Terms In Cross Border Business Transactions written by Gintautas Šulija and has been published by Studien zum europäischen Privat- und Prozessrecht this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Civil law categories.
This book presents an overview of regulation of standard form contracts in the selected jurisdictions of the European Union. Generally, the term 'regulation of standard form contracts' refers to the techniques and procedures that are established by the government and case law to control the fairness and reasonableness of contracting or contractual arrangements. The necessity of regulating standard form contracts is explained by arguing that absolute freedom of contract does not contribute enough to the welfare of society, even if we assume that such freedom exists in reality. Four jurisdictions of the European Union - Germany, France, England, and Lithuania - have been selected for closer examination in order to build up a comprehensive view in the three major jurisdictions of the Union as well as in the 'new Europe'. Moreover, the study elucidates the links between national contract laws and the European Union law. In view of the obstacles a trader may face in abiding by unknown foreign regulations, the national regulations of standard form contract are assessed in the light of so-called 'indistinctly applicable measures' that are prohibited under the European Union law. Thus different options aimed at eliminating trade restrictions created by foreign regulations on standard form contracts are contemplated in this book.
The Law Of Cross Border Business Transactions
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Author : Lutz-Christian wolff
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-12-15
The Law Of Cross Border Business Transactions written by Lutz-Christian wolff 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 2017-12-15 with Law categories.
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.
International Business Transactions Fundamentals
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Author : Ronald A. Brand
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-27
International Business Transactions Fundamentals written by Ronald A. Brand 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 2018-11-27 with Law categories.
Designed primarily as a casebook and text for law school study, this volume represents nearly four decades of work by the author to present the fundamentals of the law of international business transactions. The second edition refines and updates the materials in the first edition in a manner intended to be useful not only to students but as a desk book for practitioners. Like the first edition, this second edition focuses on the role of lawyers in identifying risks inherent in cross-border economic transactions, and then using primarily the law and negotiations to eliminate where possible, reduce where practicable and reallocate where necessary, those risks to the benefit of the client. Matters covered include: • the basic export-import sales contract; • the use of price-delivery terms to allocate both price and risk; • the application and use of the United Nations Sales Convention (CISG); • events which may excuse the nonperformance of a contract obligation; • when and how to opt in or out of the CISG; • financing the export sale with a commercial letter of credit; • a basic understanding of the WTO trade regulation system; • the regulation of importation, including tariff classification and valuation; • the regulation of exportation, including licensing and extraterritorial application of export laws; • U.S. and EU Rules affecting the professional liability of international transactions lawyers; • planning for the resolution of disputes in international transactions; • a comparative law understanding jurisdiction, applicable law, and judgments recognition; • issues affecting choices between arbitration and litigation of disputes; • drafting choice of forum clauses; • drafting choice of law clauses; • understanding rules regarding judgments obligations stated in foreign currencies; • recent multilateral efforts to harmonize the law on jurisdiction and judgments recognition; • dealing with and avoiding claims of sovereign immunity and act of state; • operating abroad through employees, agents, and distributors; • anti-bribery laws and the need for compliance programs and contract restrictions; • expropriation, political risk, and how to use insurance and contract terms to deal with them; • investor-state contracts; • antitrust laws and their extraterritorial application. Each chapter is designed to help the reader move from the simple cross-border sales transaction through steps which increase both activity abroad and the laws and regulations that may bring with them additional risks to be identified and allocated. A separate documents volume provides virtually all current primary source material on the law of international business transactions. There are many guides to the conduct of international business transactions, but none organized as clearly as this. With this up-to-date edition of a well-established practical guide, in-house lawyers for multinational corporations and practitioners in business law will quickly develop a framework for understanding each source of protection and enhance their ability to serve their company and clients well.
International Commercial Transactions
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Author : Jan Ramberg
language : en
Publisher:
Release Date : 2000
International Commercial Transactions written by Jan Ramberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
The ICC has enunciated several rules, practices, standard contracts, & clauses for the facilitation of international trade. Although guidance exists for commercial practice in many different sectors--such as sale of goods, agency, insurance, documentary credits, guarantees, & transport--merchants & legal practitioners face a difficult task in trying to understand the interrelation of the various rules & practices within the vast area of international trade. International Commercial Transactions fills this gap in understanding by presenting a concise look at the most relevant rules & practices applicable to transnational trade transactions. The bases for its analysis include generally accepted principles, as laid down in international conventions, & rules & practices elaborated under the auspices of governmental & non-governmental bodies, such as UNIDROIT, UNCTAD, UNCITRAL & ICC, CMI, FIATA & BIMCO. The appendix provides the most commonly used rules, conditions, & documents. This book contributes to a complete understanding of rules of law & their rationales, general principles, standard contracts, & commercial practice as they interact in the context of international trade law. Its extensive scope, coupled with a concise, lucid style makes International Commercial Transactions an essential tool for obtaining first-hand knowledge & the foundation needed for further study or practice of international trade law.
International Sales Agreements
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Author : James M. Klotz
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-05-07
International Sales Agreements written by James M. Klotz 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 2018-05-07 with Business & Economics categories.
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to 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, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations 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. It would be hard to find a more useful guide.
Trade Finance
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Author :
language : en
Publisher: UN
Release Date : 2003
Trade Finance written by and has been published by UN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
The guide contains information the drafting of payment clauses, financing agreements and guarantee provisions in international contracts, including examples of contract clauses. Topics covered include: terms and modalities of payment; forms of credit; documentary collections; rules and techniques of Islamic financing; international financial leasing; and international refinancing, including the assignment of receivables; guarantees in international trade; securities; applicable law and dispute settlement.
Uniformity In The Application Of Cisg Provisions
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Author : Daniel Fritz
language : en
Publisher: diplom.de
Release Date : 2009-07-15
Uniformity In The Application Of Cisg Provisions written by Daniel Fritz and has been published by diplom.de this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-15 with Business & Economics categories.
Inhaltsangabe:Introduction: Problems facing cross-border transactions and possible solutions: The main prerogative for the international trader is to implement the business transaction as conveniently and quickly as possible. Besides choosing reliable business partners, a governing body of law that facilitates the transaction successfully is required. International business transactions are rarely conducted under a tailor-made law and are therefore dependent on the law that governs the transaction in terms of the rules of private international law. Determining the applicable law of the contract is one of the major problems facing a cross-border transaction. One way in which this question can be addressed is by means of the rules of private international law. Yet, these rules are rather complex and often subject to uncertainties. Even unification of the rules of private international law is unlikely to serve the needs of modern international business. If the proper law is determined, at least one of the parties to the transaction will be faced with an unknown body of rules. This party is forced to act in alien surroundings under a law with which it is unfamiliar. An alternative, is to unify law on the domestic level. This would avoid the difficulties in applying the rules of international private law. However, to harmonise domestic law on world wide basis is a matter of impossibility. Some divergences based on settled legal traditions are irreconcilable. Furthermore, there is the obstacle that a harmonised law may affect the concepts of another area of law. For example the issue of sales law affects the issue of transfer of property an area of law with fundamentally varying concepts. The adoption of uniform sales law at the international level represents a third approach. These rules only apply to a particular range of sales transactions and therefore do not compel a State to abandon all of its own legal traditions. The UN Convention on Contracts for the International Sale of Goods has established a uniform international law of this character. The overall goal of the CISG is to harmonise domestic laws for international sales transactions. A precondition for this goal is the achievement of uniformity. The achievement of uniformity comprises a two-fold process. The mere adoption of the Convention is the first step towards the ultimate aim of achieving the broadest degree of uniformity in the law of international sales. The second step is the [...]
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.
The Law Of Cross Border Securities Transactions
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Author : H. van Houtte
language : en
Publisher: Sweet & Maxwell
Release Date : 1999
The Law Of Cross Border Securities Transactions written by H. van Houtte and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
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
International Contracts And Payments
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Author : Peter Sarcevic
language : en
Publisher: Springer
Release Date : 1991-12-20
International Contracts And Payments written by Peter Sarcevic and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-12-20 with Law categories.
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) .