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International Contracting: Law and Practice, 5th Edition

International Contracting: Law and Practice, 5th Edition

作者： Larry A. DiMatteo
出版商： Kluwer Law International
ISBN: 9789403528342
出版时间 November 2021
规格： Hardback , 804 pages
适应领域： Hong Kong, International ? 免责申明：
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About this book:

International Contracting, currently in its fifth edition, elaborates on issues discussed in the earlier edition, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. For over a decade, this treasured guide has served practitioners handling the legal ramifications of international contracting projects.

This edition encompasses all the exceptional features of earlier editions, 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 a distinct 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.

What’s in this book:

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 (antislavery, exclusion, interpretation, no-waiver, subcontracting, 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;
- alliance, collaboration, and cooperation agreements;
- noncompete and nonsolicitation clauses;
- e-mail disclaimers; and
- separation and release agreements.
How this will help you:

The book acts as a single-volume reference in the negotiating and drafting of international contracts and furnishes expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. This book, an adept combination of contract theory and contract practice, continues to provide guidance to law practitioners and students alike.
Preface to the First Edition

Preface to the Second Edition

Preface to the Third Edition

Preface to the Fourth Edition

Preface to the Fifth Edition

List of Exhibits

Chapter 1 Introduction to International Contracting

Chapter 2 Principles of Contract Drafting

Chapter 3 Common International Contract Clauses

Chapter 4 The Documentary Transaction

Chapter 5 National Laws Affecting International Contracts

Chapter 6 International Sales Contract

Chapter 7 International Sales Law: Convention on Contracts for the International Sale of Goods

Chapter 8 General Principles of Service Contracting

Chapter 9 Agency and Distribution Agreements

Chapter 10 Intellectual Property Licensing

Chapter 11 Joint Ventures, Franchising, and Long-Term Contracts

Chapter 12 Confidentiality and Non-disclosure Agreements

Chapter 13 Post-Contract: Continuing Rights and Obligations

Chapter 14 Electronic Contracting and Legal Tech

Appendices

Appendix I General Sources

Appendix II United Nations Convention on Contracts for the International Sale of Goods (1980)

Appendix III UNIDROIT Principles of International Commercial Contracts

Appendix IV The Principles of European Contract Law (1998)

Index

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