Download or read book The Law of Cross border Business Transactions written by Lutz-Christian Wolff and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Cross border Business Transactions written by Lutz-Christian Wolff and published by Kluwer Law International. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Cross border Securities Transactions written by H. van Houtte and published by Sweet & Maxwell. This book was released on 1999 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Law of International Trade written by Jason Chuah and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a comprehensive treatment of all key aspects of private international trade law, this book demonstrates to the reader how international trade law operates in its political, economic and business contexts.
Download or read book The Law of International Business Transactions written by Aaron Xavier Fellmeth and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course book offers entertaining and systematically organized content to explain the many complex legal regimes governing international business transactions. The book is written by an experienced international business lawyer and introduces all major legal aspects of cross-border business, focusing on U.S.-based law practice. This book covers transactional, regulatory, and treaty regimes, with special emphasis on the modern need to protect intellectual property and plan for disputes. It integrates visual aids, career advice by eminent practicing attorneys in each legal field, policy problems, and practice problems to hone skills in issue spotting and applied legal analysis.
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 810 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 The Law of Cross Border Business Transactions written by Lutz-Christian wolff and published by Kluwer Law International B.V.. This book was released on 2017-12-15 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rules and Networks written by Richard Appelbaum and published by Bloomsbury Publishing. This book was released on 2001-12-21 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
Download or read book International Trade And Cross Border Transactions written by Kalyan Krshna Bandaru and published by Independently Published. This book was released on 2023-06-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps global legal, business and corporate professionals get complete perspective and understanding on glibal busiess laws and procedures.
Download or read book Cross border Business Transactions written by and published by . This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Rules and Networks written by Richard P. Appelbaum and published by . This book was released on 2001 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business transactions are heavily influenced by culture, practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the.
Download or read book Strategic Issues in Cross border Transactions written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taxmann s Cross Border Transactions under Tax Laws FEMA Practical Commentary covering Income Tax including International Tax Transfer Pricing GST Customs FEMA etc with Case Laws written by Dr. G. Gokul Kishore and published by Taxmann Publications Private Limited. This book was released on 2023-05-26 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical guidance based on judicial interpretation of the law and rules. It also provides an easy-to-understand commentary (with departmental clarifications) on cross-border transactions with respect to the following laws: • Income Tax (including International Tax & Transfer Pricing) • Goods & Services Tax (GST) • Customs • Foreign Exchange Management Act (FEMA) This book will be helpful for practitioners, members of the bar & bench and industry, and assessing officers. The Present Publication is the 3rd Edition, amended by the Finance Act 2023 and updated till 1st May 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features: • [Easy-to-Understand Practical Commentary] covering: o Income Tax (including International Tax & Transfer Pricing) § Implications of International Transactions § Adoption of Appropriate Transfer Pricing (TP) § Comprehending the Creation of Permanent Establishment (PE) and Double Taxation Avoidance Arrangements (DTAA) § Ensuring Compliance with Withholding Obligations when payment is made to non-resident § Issues relating to Royalty & Fees for Technical Services (FTS), Tax Residency and Foreign Tax Credit (FTC) o GST § Examination of Cross-Border Services by applying Place of Supply & Export of Service provisions under the Integrated Goods and Services Tax Act (IGST), besides analyzing benefits to exporters o Customs § Valuation of Imported Goods under Customs Valuation Rules, when transaction value as declared by importer is not accepted § Availing Customs Duty Exemptions § Duty Remission and Rewards under various Export Promotion Schemes as provided in Foreign Trade Policy 2023 o FEMA § Compliance with Provisions of FEMA on Receipts and Payments for Export and Imports • [Exhaustive Discussion on both Basic Concepts and Issues faced by the Industry] combined with essential commentary on statutory provisions and the jurisprudence. • [Cross-references to other Chapters] wherever implications need to be understood The structure of the book is as follows: • [Chapter 1 | Customs Valuation] discusses Article VII of GATT, Customs Valuation Agreement, Section 14 of Customs Act, 1962, Customs Valuation Rules (for imported goods) and Export Valuation Rules with relevant judgments and orders. Pointers relating to transfer pricing issues have also been mentioned in this chapter • [Chapter 2 | Transfer Pricing] analyzes international transactions, associated enterprises, comparables, methods of determining Arms Length Price, TP challenges in India as per the UN TP Manual and judicial rulings, creation of marketing intangibles and TP issues relating to AMP expenses. TP assessment, adjustment and appellate remedy have also been included. To provide a 360° perspective, secondary adjustment, Country by Country Reporting (CbCr), thin capitalization, Cost Contribution Arrangements, intra-group services and cost-sharing arrangements have been succinctly covered • [Chapter 3 | Permanent Establishment & DTAAs] discusses taxing powers and sources of income. The concept of PE and types of PE have been explained through the relevant articles in various DTAAs, along with treatment by the Indian judiciary and ITAT. The attribution of profits to PE, which has significant practical implications, has also been discussed • [Chapter 4 | Incomes other than Business Income, Withholding Obligations and Foreign Tax Credit] is broad-based and to the extent relevant to cross-border transactions; it provides a commentary laced with practical guidance on residency, the definition of interest, jurisdiction to tax, dividends paid or received, taxation of royalty, FTS, salary, capital gains, other income, withholding obligations, FTC, the requirement to file the return and the concept of the representative assessee • [Chapter 5 | Import & Export under IGST Act] as applicable to import and export of goods, import of services and export of services, along with the provisions on the place of supply and refund mechanism, forms the fifth chapter • [Chapter 6 | Customs Exemption and Export Promotion Schemes under FTP] Considering the relevance to cross-border trade, Customs Duty exemptions and export promotion schemes under Foreign Trade Policy 2023 (FTP) have been discussed in the sixth chapter. • [Chapter 7 | Export and Import under FEMA & Regulations] Knowledge of obligations and provisions applicable to export and import under FEMA and regulations thereunder is integral to cross-border transactions. Therefore, a concise commentary on the same has been provided in Chapter 7 • [Chapter 8 | Dispute Resolution] Dispute resolution mechanisms under IGST Act and Customs Act, along with alternative dispute resolution under Income Tax Act, have been included. Chapter 8 also provides a broad overview of the statutory remedies available to exporters and importers
Download or read book Trade Finance written by and published by UN. This book was released on 2003 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law of International Trade written by Jason Chuah and published by . This book was released on 2005 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a comprehensive treatment of all key aspects of private international trade law, this book demonstrates to the reader how international trade law operates in its political, economic and business contexts.
Download or read book A Cross Border Only Regulation for Consumer Transactions in the EU written by Christian Twigg-Flesner and published by Springer Science & Business Media. This book was released on 2011-11-16 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.
