Boilerplate Clauses International Commercial Contracts and the Applicable Law

Boilerplate Clauses  International Commercial Contracts and the Applicable Law Author Giuditta Cordero-Moss
ISBN-10 9781139500050
Year 2011-03-17
Pages
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Boilerplate Clauses International Commercial Contracts and the Applicable Law

Boilerplate Clauses  International Commercial Contracts and the Applicable Law Author Giuditta Cordero-Moss
ISBN-10 0521197899
Year 2011-03-17
Pages 426
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

International Commercial Contracts

International Commercial Contracts Author Giuditta Cordero-Moss
ISBN-10 9781107029187
Year 2014-05-29
Pages 346
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

International Commercial Agreements An Edinburgh Law Guide

International Commercial Agreements  An Edinburgh Law Guide Author Michala Meiselles
ISBN-10 9780748679065
Year 2013-06-30
Pages 336
Language en
Publisher Edinburgh University Press
DOWNLOAD NOW READ ONLINE

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.

Boilerplate

Boilerplate Author Margaret Jane Radin
ISBN-10 9780691155333
Year 2013
Pages 339
Language en
Publisher Princeton University Press
DOWNLOAD NOW READ ONLINE

"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

Boilerplate

Boilerplate Author Richard Christou
ISBN-10 1847034578
Year 2009-12-31
Pages 389
Language en
Publisher Sweet & Maxwell
DOWNLOAD NOW READ ONLINE

This concise guide to the most commonly used boilerplate clauses for commercial contracts provides a detailed analytical commentary on each clause, together with advice on its practical application. The work takes account of recent case law where applicable, and has been updated to provide new sections on competition law, consumer law and intellectual property rights, and new case law under the Unfair Contract Terms Act 1977. * Acts as a practical drafting tool for practitioners drafting contracts * A single source of the most commonly-used boilerplate clauses * The clauses are interspersed with concise commentary, guiding the reader on when to use the clause and points to note * Includes a CD-ROM with all the clauses in a ready-to-use format.

A Short Guide to Contract Risk

A Short Guide to Contract Risk Author Ms Helena Haapio
ISBN-10 9781409473657
Year 2013-05-28
Pages 190
Language en
Publisher Gower Publishing, Ltd.
DOWNLOAD NOW READ ONLINE

Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

Arbitration Clauses for International Contracts 2nd Edition

Arbitration Clauses for International Contracts   2nd Edition Author Paul D. Friedland
ISBN-10 9781933833064
Year 2007-07-01
Pages 370
Language en
Publisher Juris Publishing, Inc.
DOWNLOAD NOW READ ONLINE

"This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

International Sales Agreements An Annotated Drafting and Negotiating Guide

International Sales Agreements An Annotated Drafting and Negotiating Guide Author James Klotz
ISBN-10 9789041106230
Year 1998-05-26
Pages 386
Language en
Publisher Kluwer Law International
DOWNLOAD NOW READ ONLINE

The sales agreement constitutes an integral part of international trade. Among other things, its sets out the parties' understandings and protects against misinterpretations. Experienced or not, no practitioner faced with drafting and negotiating such a critical document wants to do so in an informational vacuum; the risk of leaving a client exposed is too great. International Sales Agreements is a commercial lawyer's bible in international sales agreement drafting or negotiations. While no two international sales agreements are alike, this book simplifies the issues by addressing them with actual sample provisions. It allows practitioners to reap the benefit of voluminous favorite agreement clauses from attorneys around the world, along with both the guidance of an international business lawyer with `more than twelve years in the trenches' of negotiating international contracts, and the insight of an international business law professor. This is the first step-by-step guide on drafting and negotiating international sales agreements with over 400 sample clauses from which to choose. It analyzes all aspects of an international sales agreement, from the letter-of-intent stage to the boilerplate clauses which typically conclude such an agreement. International Sales Agreements discusses every clause from both the buyer's and seller's perspectives. It also provides the first detailed, annotated look at international sales contracts in the context of the United Nations Convention on the International Sale of Goods which now applies to most international sales agreements. International Sales Agreements illuminates common pitfalls to avoid and points out what practitioners should aim for throughout the process. the invaluable drafting and negotating skills it instills prove highly transferable to other arenas.

Drafting International Contracts

Drafting International Contracts Author Marcel Fontaine
ISBN-10 9789004176799
Year 2009
Pages 653
Language en
Publisher BRILL
DOWNLOAD NOW READ ONLINE

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.

Regulatory Competition in Contract Law and Dispute Resolution

Regulatory Competition in Contract Law and Dispute Resolution Author Horst Eidenmüller
ISBN-10 9781782251217
Year 2013-08-01
Pages 400
Language en
Publisher Bloomsbury Publishing
DOWNLOAD NOW READ ONLINE

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

International Commercial Arbitration

International Commercial Arbitration Author Giuditta Cordero-Moss
ISBN-10 9781107033481
Year 2013-03-14
Pages 442
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.

Law and Legal Institutions of Asia

Law and Legal Institutions of Asia Author E. Ann Black
ISBN-10 9781139495837
Year 2011-03-10
Pages
Language en
Publisher Cambridge University Press
DOWNLOAD NOW READ ONLINE

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Negotiating and Drafting Contract Boilerplate

Negotiating and Drafting Contract Boilerplate Author Tina L. Stark
ISBN-10 1588521052
Year 2003
Pages 675
Language en
Publisher ALM Publishing
DOWNLOAD NOW READ ONLINE

Educates lawyers and business professionals about the importance of boilerplate language. Each chapter of this book tackles a different contractual provision, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction.

The Transnational law of international commercial transactions

The Transnational law of international commercial transactions Author James Barrigan Marcantonio
ISBN-10 STANFORD:36105043798847
Year 1982
Pages 468
Language en
Publisher Kluwer Law Intl
DOWNLOAD NOW READ ONLINE

Every international corporate executive, customs broker, banker, & attorney needs to know what the new North American Free Trade Agreement (NAFTA) will mean to their business & their client's business. This book is an easy to understand summary & analysis of the major provisions of this landmark accord & the side agreements negotiated to assure its passage. It is written in terms simple enough for the layman, but also contains the detailed information that will assist the experienced international trade executive or attorney. A short summary of the contents of this book: * Analysis of Tariff Removals & Staging of Reductions * Reduction in Barriers of Investment * Opening of Trade in the Service Sector * Energy Provisions * Standards & Phytosanitary Regulations * Dispute Settlement Mechanisms * New Transportation Rules * Rules of Origin * Liberalization of Trade in Automotive Products & Parts * Effect on Quotas * Implementation Procedures * New Government Procurement Opportunities * Changes in Customs Procedures. This book is designed to be a practical daily reference tool on your desk or in your briefcase, not just in the library shelf.