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Negotiating International Commercial Contracts: Practical Exercises

Negotiating International Commercial Contracts: Practical Exercises

  • 作者:
  • 出版商: Eleven International Publishing
  • ISBN: 9789490947095
  • 出版时间 November 2020
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥556.34
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  • 描述 
  • 大纲 
  • 详细

    Negotiating International Commercial Contracts – Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors’ experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive law to govern the contract (or the failure to choose a law); and (ii) the method and place of dispute resolution (or the failure to specify in the dispute resolution clause).

    You will be invited to consider challenging situations, all of which are designed to enhance your ability to anticipate legal and business risks, minimise potential pitfalls and give you an idea of a checklist to tackle these commercial issues. The suggested answers aim to guide you towards the sort of thoughtful approach that will help you with similar situations in real life, and allow you to make commercially sensible decisions to avoid being caught by the “all-too-familiar” approach.

    This workbook is designed to assist anyone involved in the negotiation, enforcement, or interpretation of international commercial contracts. The book aims to help build skills for any counsel assisting clients in international transactions, including those in law firms and in-house legal departments, those acting as judges, arbitrators, mediators, or for training purposes in university and professional training courses.

  • Chapter 1. Escaping the Trap of the Familiar in International Contract Negotiations
    1.1 Every International Commercial Negotiator’s Starting Point: Getting Comfortable with Unfamiliar Concepts
    1.2 And Now the Choice of Law
    Chapter 2. Negotiating Choice of Law Clauses
    2.1 Introduction
    2.2 Differences in How Courts and Arbitrators May Approach ‘Foreign Law’
    2.3 How the CISG Addresses Choice of Law Issues
    Chapter 3. Negotiating Methods of Dispute Resolution
    3.1 €e Default Rule: Suing the Defendant in the Courts of Home Location
    3.2 Effect of the Hague Convention on the Choice of Courts
    3.3 Why a Party May Prefer to Designate the Courts
    3.4 Considerations When Proposing or Accepting Courts as the Forum
    3.4.1 Alternatives to the Courts: Mediation and Arbitration Clauses
    3.5 Benefits of Neutrality, Efficiency and Enforceability of Mediation and Arbitration in International Commercial Contracts
    3.5.1 Other Reasons Parties Specify Mediation in International Contracts
    3.5.2 Other Reasons Parties Specify Arbitration in International Contracts
    3.5.3 Elements of an Arbitration Clause
    3.5.4 Agreement to Submit Disputes to Arbitration
    3.6 Emergency or Interim Measures of Protection
    3.7 Seat or Place of Arbitration
    3.8 Big Cities vs. Small Cities
    3.9 Institutional vs. Ad Hoc Arbitration
    3.10 Choosing among Different Arbitration Institutions
    3.11 Arbitration vs. Courts: Different Ways of Approaching the Law
    3.12 Arbitration vs. Courts: Offensive vs. Defensive Strategies
    3.13 Agreements to Mediate before Arbitration or Court Litigation
    3.14 Further Practice in Dispute Resolution
    Chapter 4. Defective Choice of Law and Dispute Resolution Clauses – Prevention and Management of Potential Risks
    Chapter 5. Putting It All Together
    5.1 Group Negotiation and Discussion
    5.2 How Choice of Law and Dispute Resolution Can Alter Certain Contractual Terms
    5.3 Contractual Limitation of Liability and Choice of Law and Forum

    Appendix: Guidelines to the Exercises

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