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International Contracting: Law and Practice 5th ed


ISBN13: 9789403528342
Previous Edition ISBN: 9789041159670
Published: November 2021
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: Price on Application



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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.

Subjects:
Commercial Law, International Trade
Contents:
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