Download or read book International Commercial Agreements and Electronic Commerce written by William F. Fox and published by Kluwer Law International B.V.. This book was released on 2018-03-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.

Download or read book Transfer of Ownership in International Trade written by Alexander von Ziegler and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Including law from Australia, Austria, Brazil, Canada, Chile, China, Denmark, England, Finland, France, Germany, India, Italy, Japan, Republic of Korea, Netherlands, Norway, Russia, South Africa, Spain, Sweden, Switzerland, And United States of America (U.S.A.)

Download or read book Mastering the Business of Global Trade written by Thomas A. Cook and published by CRC Press. This book was released on 2014-02-05 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of your company’s success in global trade will be determined by how well you manage contracts and agreements for sale or purchase. Mastering the Business of Global Trade: Negotiating Competitive Advantage Contractual Best Practices, Incoterms, and Leveraging Supply Chain Options explains the key elements any international business person must know, but more importantly, it also describes how to use negotiation skills, leveraged options, and Incoterms to extract the maximum benefits from your supply chain. At the end of the day, landed costs determine pricing and profits. As such, the book clearly explains how landed cost modeling works and how you can use these business models to leverage supply chain options. Illustrating how Inco terms impact compliance and risk, it details options to help you reduce your exposure to risk as well as best practices to help you steer clear of compliance issues that can cause costly delays. Managing global supply chains is about constantly striving for efficiency, driving down costs, and increasing profits. With this book, you will not only learn how to negotiate better contracts, but you will also learn how to manage relationships with freight forwarders and customhouse brokers in a manner that will help you get the most value from your service agreements. The book establishes a very simple, yet comprehensive, roadmap that both the neophyte and the more experienced global supply chain executive can easily follow and master. By following the time-proven advice and roadmap detailed in these pages, you will learn that it is possible to engage in more deals and increase your returns, while reducing your overall risk exposure. This book is part of The Global Warrior series.

Download or read book International Business Transactions Fundamentals written by Ronald A. Brand and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Transactions in Goods written by Martin Davies and published by Oxford University Press. This book was released on 2014-06-18 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law. This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.

Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.

Download or read book Incoterms 2020 by the International Chamber Od Commerce ICC written by Chambre de commerce internationale and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Excellence in Managing Worldwide Customer Relationships written by Thomas A. Cook and published by CRC Press. This book was released on 2016-12-19 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly defines customer service in global trade and international business How to manage a customer service organization Defines accountability and responsibility for international customer service staff Provides customer servce case studies

Download or read book U S and International Sales Lease and Licensing Law written by Bryan D. Hull and published by Aspen Publishing. This book was released on 2022-10-26 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a logical and persuasive manner, this class-tested casebook first provides background information about UCC Article 2 and the CISG, then addresses key issues in the order in which a lawyer is likely to encounter them in practice: Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Finally, the text concludes by considering third parties involved in the sales transactions and the law governing their obligations.Many problems refer students to international collections found on the Internet, and the text provides references to both unrevised and revised UCC Article 1. The Second Edition has been updated to reflect the newer version of the INCOTERMS (INCOTERMS 2010), and the Uniform Customs and Practice for Documentary Credits (UCP 600). Discussion of UCC Article 2 has been revised as a result of the Uniform Law Commission and American Law Institute dropping the proposed amendments. Features: Provides background information about UCC Article 2 and the CISG Addresses key issues in the order encountered in practice Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Covers third parties involved and the law governing their obligations Combines cases and problems for teaching flexibility a case analysis structure a problems approach a combination of the two. Provides explanatory material to teach basic principles before casesandproblems introduced Presents contemporary, carefully edited cases Includes such cases as Hill v. Gateway (contract formation), Medical Marketing International v. Internazionale Medico Scientifica (warranties under the CISG and confirmation of an arbitral award), MCC-Marble Ceramic Center v. Ceramica Nuova D’Agostino (parol evidence and the CISG), Zabriskie Chevrolet v. Smith (contract performance under the UCC), Delchi Carrier SpA v. Rotorex Corp. (remedies under the CISG), Chatlos Systems v. National Cash Register (calculation of damages under the UCC), Robinson Helicopter Company v. Dana Corporation (availability of tort remedies), and Specht v. Netscape Communications Corp. (contract formation in licensing transaction over the Internet). Many problems refer to international collections on the Internet Provides references to both unrevised and revised UCC Article 1

Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Download or read book Commercial and Intellectual Property Law and Practice 2018 written by Kier Bamford and published by College of Law Publishing . This book was released on 2018-01-22 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial and Intellectual Property Law and Practice provides a detailed guide to the four major elements of commercial law and practice.

Download or read book Bender s Uniform Commercial Code Service Sales and bulk transfers under the U C C written by and published by . This book was released on 1963 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Contracting written by Larry A. DiMatteo and published by Kluwer Law International B.V.. This book was released on 2021-11-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University

Download or read book International Business Transactions written by Douglas Lee Donoho and published by Carolina Academic Press. This book was released on 2013-10-04 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: As suggested by its title, this e-book presents student-oriented materials focused on legal issues common to international business transactions. With an emphasis on sales of goods and services, the materials review international transactions from both the private law and governmental regulatory perspectives, domestic and international. Several features of the book distinguish it as a teaching tool from more traditional law school offerings. First, the book is offered in an electronic format which is designed to make extensive use of web-based resources. Among other advantages, this format (1) provides much cheaper, flexible and more accessible learning materials for students; (2) takes advantage of the excellent web-based resources that students are accustomed to using, including multi-media content; and (3) creates a flexible framework that allows professors to adapt, improve or otherwise modify content to suit their needs during successive iterations of the course. Second, the materials and format are designed to encourage students to take a more active role in their learning with an emphasis on skills building. Each chapter presents a problem and typically asks students to address legal issues as a practicing lawyer would, working through primary materials — cases, statutes and treaty texts. Third, the materials are written and prepared for the uninitiated and uninformed. Basic background explanations are always provided and all questions posed in the text are meant to be answered by the students — there are no abstract, obtuse or unanswerable questions set out in the materials. With guidance from their instructor, students are required to examine the material provided not only to learn the relevant law but also to build the essential skills of effective lawyering.

Download or read book International Sales Agreements written by James M. Klotz and published by Kluwer Law International B.V.. This book was released on 2018-05-07 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Commercial Agreements written by Michala Meiselles and published by Edinburgh University Press. This book was released on 2013-06-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key reference tool for business managers, lawyers and students, this accessible book covers the essential issues that need to be dealt with when negotiating, planning and writing international commercial agreements. It looks at the issues that must be taken into account when a business located in one country is contracting with a business located in another country, exploring the framework within which such international commercial agreements are concluded.

Download or read book Commentary on the UN Sales Law CISG written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2019-03-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.