Download or read book International Business Contracting written by Stephen C. Sieberson and published by Carolina Academic Press LLC. This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "International Business Contracting is designed to teach business and law students how international business contracts are structured and drafted. After several introductory chapters on international business, legal issues, and contract law, the material walks the reader through a series of agreements between two fictional companies-one an American company and the other a business located in a European civil law country. The transactions begin with a sale of goods and then progress to international distribution arrangements, a joint venture, a stock acquisition, and a secured commercial loan. Each chapter opens with the description of a new arrangement between the two parties, followed by a form of contract for their business deal, a point-by-point critique of the contract, and an examination of relevant business and legal issues. While the typical textbook in this field emphasizes theoretical analysis, International Business Contracting takes an innovative approach by showing how a commercial relationship is put into writing. In an ideal situation a business contract will reflect the intentions of the parties, allowing them to carry out their activities while protecting them against business and legal risks. If poorly drafted, however, an agreement may create unnecessary confusion and problems. The book explores what constitutes good drafting, often by showing imprecise or ambiguous clauses. Standard contract provisions, referred to as "boilerplate," are examined in detail. In addition to analysis, the book offers negotiation and drafting exercises, so the student can gain hands-on experience in how international business executives and lawyers carry out their work"--

Download or read book International Contracting written by Arjan Van Weele and published by World Scientific. This book was released on 2014 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

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 Contracting written by Stephen C. Sieberson and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Short Course in International Contracts written by Karla C. Shippey and published by World Trade Press. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Global Business program 101381.

Download or read book Law of International Contracting written by Larry A. DiMatteo and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The s econd edition of this well-known survey of the legal aspects of international business contracting has been needed for some time. Over the course of the last decade, a plethora of new concepts and procedures (many catalyzed by growth in the use of information technology) has wrought many changes in the searching, drafting, and execution of international contracts. This book redefines this field of legal practice to accommodate these changes. Material in the Second Edition includes new or updated coverage of the following and much more: outsourcing legal services; electronic transmission of contracts; inadvertent disclosure of confidential information; joint venture governance; restrictive covenants; distribution agreements; and Chinarsquo;s Uniform Contract Law. A greatly enhanced bibliography, updated to 2008, now includes Internet sources. All of the prized features of the First Edition are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), 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 (such as the UCC), legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Given the legal liability that can result from the failure to take private international law developments into account, this book is not only valuable but necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, The book will continue to serve practitioners well in this new edition.

Download or read book International Business Transactions written by Ralph Haughwout Folsom and published by West Academic Publishing. This book was released on 2015-05-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Download or read book Model Contracts for Small Firms written by International Trade Centre and published by United Nations. This book was released on 2010-09-03 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book War as Business written by Armin Krishnan and published by Routledge. This book was released on 2016-03-03 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The privatization of defence assets and the outsourcing of military services from the armed forces to the private sector is an increasing trend. This book approaches the issue of military privatization by linking it to the transformation of the defence industries since the early 1990s, and shows the extent to which many military functions and activities, ranging from military research to military consulting/training to operational support services, have already been outsourced in the US and in Europe. This detailed study provides new and updated information on the ongoing privatization of the defence sector and offers an original theoretical explanation as to why the most modern armed forces throughout the world have come increasingly to rely on private companies for nearly everything they do. Contributing to a better understanding of military privatization and its close connection to technological change, the book explains the complexity of the whole phenomenon and discusses its implications for national and international security.

Download or read book Contract and Commercial Management The Operational Guide written by International Association for Contract and Commercial Management(IACCM) and published by Van Haren. This book was released on 2011-11-11 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost 80% of CEOs say that their organization must get better at managing external relationships. According to The Economist, one of the major reasons why so many relationships end in disappointment is that most organizations 'are not very good at contracting'. This ground-breaking title from leading authority IACCM (International Association for Contract and Commercial Management) represents the collective wisdom and experience of Contract, Legal and Commercial experts from some of the world’s leading companies to define how to partner for performance. This practical guidance is designed to support practitioners through the contract lifecycle and to give both ‘supply’ and ‘buy’ perspectives, leading to a more consistent approach and language that supports greater efficiency and effectiveness. Within the five phases described in this book (Initiate, Bid, Development, Negotiate and Manage), readers will find invaluable guidance on the whole lifecycle with insights to finance, law and negotiation, together with dispute resolution, change control and risk management. This title is the official IACCM operational guidance and fully supports and aligns with the course modules for Certification.

Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Venture Capital and Private Equity Contracting written by Douglas J. Cumming and published by Academic Press. This book was released on 2013-08-21 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: Other books present corporate finance approaches to the venture capital and private equity industry, but many key decisions require an understanding of the ways that law and economics work together. This revised and updated 2e offers broad perspectives and principles not found in other course books, enabling readers to deduce the economic implications of specific contract terms. This approach avoids the common pitfalls of implying that contractual terms apply equally to firms in any industry anywhere in the world. In the 2e, datasets from over 40 countries are used to analyze and consider limited partnership contracts, compensation agreements, and differences in the structure of limited partnership venture capital funds, corporate venture capital funds, and government venture capital funds. There is also an in-depth study of contracts between different types of venture capital funds and entrepreneurial firms, including security design, and detailed cash flow, control and veto rights. The implications of such contracts for value-added effort and for performance are examined with reference to data from an international perspective. With seven new or completely revised chapters covering a range of topics from Fund Size and Diseconomies of Scale to Fundraising and Regulation, this new edition will be essential for financial and legal students and researchers considering international venture capital and private equity. An analysis of the structure and governance features of venture capital contracts In-depth study of contracts between different types of venture capital funds and entrepreneurial firms Presents international datasets from over 40 countries around the world Additional references on a companion website Contains sample contracts, including limited partnership agreements, term sheets, shareholder agreements, and subscription agreements

Download or read book Business Contracts in International Markets written by Bruno Lindén and published by . This book was released on 2005 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Minority and Small Business Contracting Policies of the Agency for International Development s Africa Bureau written by United States. Congress. House. Committee on International Relations. Subcommittee on Africa and published by . This book was released on 1978 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sustainability Clauses in International Business Contracts written by Kateřina Peterková Mitkidis and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development is a globally recognized goal. However, governments are failing to reach agreement on how this should be achieved. Private actors that are under stakeholders' pressure try to fill this regulatory gap by developing various types of transnational private regulation. However, transnational private regulation suffers from weak legitimacy, questionable effectiveness, and lack of credible enforcement. This book suggests that supply chain contracting may offer an alternative regulation that could lead away from the current regulatory impasse, or at least be one of the missing pieces in the puzzle. Despite the traditionally primary goal of business - to make a profit - companies are, under the imperative of corporate social responsibility (CSR), engaging in activities pursuing public goals in the social and environmental spheres. The book examines one of the tools developed to implement CSR into the business operations: social and environmental clauses in international supply chain contracts ('sustainability contractual clauses, ' SCCs). Since there is a lack of literature and regulation on this topic, companies use SCCs without proper knowledge or guidance on why and how this should be done, and on what legal consequences this may have. The book fills this gap by discussing the use of the legal instrument of contract to pursue social and environmental goals; analyzing the legal framework of sustainability contractual clauses; examining what legal effects SCCs may have; and evaluating the contribution of this activity in terms of achieving sustainable development objectives. The aim is to explore both the potential and the limitations of contractual governance in achieving global sustainability and thus contribute to the current discussion on the development of new regulatory and governance designs in this area. (Series: Dovenschmidt Monographs - Vol. 3) [Subject: International Law, Business Law, Economic Law, Trade Law, Contract Law, Environmental Law

Download or read book Fundamentals of Contract and Commercial Management written by International Association for Contract and Commercial Management and published by Van Haren. This book was released on 1970-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking title from the world s leading authority on contemporary contracting best practices, the IACCM (International Association for Contract and Commercial Management) delivers a lively and practical complete insight into the contracting process which is useful in both business and personal life. Contracts are the language of business, and this book gives readers the essentials that can make a difference to any deal, no matter how big or small. Designed for the non-contract business professional, this book takes project managers and other professionals through the basic process and gives them a road map to improved results, increased value, and successful outcomes In this book you ll find sensible guidance and approaches to ensure business success. Case studies showing you what can go wrong and what can go right -- bring theory into the real world. Checklists give confidence and enable you to be certain that you have asked and answered the right questions as you go through any deal. This real-world approach demonstrates the value of effective contracting. This is not dry, academic prose. It is compelling and dynamic advice and tools to manage business relationships for both buyers and sellers.

Download or read book International Business Law Cases and Materials written by George D. Cameron III and published by Van Rye Publishing, LLC. This book was released on 2015-08-09 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”