Home >
Law >
Business / Commercial Law >
Negotiating International Commercial Contracts: Practical Exercises

Negotiating International Commercial Contracts: Practical Exercises

Author: Gustavo Moser; Michael Mcllwrath
Publisher: Eleven International Publishing
ISBN: 9789490947095
Published In: November 2020
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 591.85

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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