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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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International Commercial Agreements: An Edinburgh Law Guide

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ISBN13: 9780748679041
Published: June 2013
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Paperback
Price: £35.00
Hardback edition , ISBN13 9780748679034

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This is a key reference tool for business managers, lawyers and students of international commercial agreements. What considerations do you need to take into account when planning an international commercial agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? When planning, negotiating and writing international commercial agreements, it is important to know exactly what essential issues need to be addressed. This book does this in an easy-to-use, clear and concise fashion. Contracts fulfill several functions. They spell out the rights and obligations of the contracting parties, manage any potential risks arising out of the contractual relationship and supply a contingency plan for each party in the event that the contractual relationship breaks down. Obviously no contract is perfect but the parties should aim for perfection. This book aims to show you how to achieve this.

Features: an accessible style and content; all essential materials needed by the reader are brought together in one book; includes case studies, easy to use checklists and features that flag key information; each chapter starts with an overview and ends with a summary of key points; and the chapters on the agreements contain template clauses. It is the book is not jurisdiction specific.

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Contract Law, Commercial Law
1. Planning an international commercial agreement
Overview of chapter
Contractual considerations
Form of international commercial agreements
Formation of international commercial agreements
Subject matter
Parties contracting
Trade barriers
Dispute resolution
Need to research local law
Product Liability

2. Drafting an International Commercial Agreement
Overview of chapter
Point of departure
Freedom to contract
International instruments governing international
Choice of law in international agreements
Requirements relating to the form of the contract
Missing or vague terms
Defined terms
Language of contract
Checklist of provisions
Cover sheet
Table of contents
Index of defined terms
Front of the contract
Introductory clause
Body of the contract
Division of text in body
Definitions clause
Boilerplate clauses
Assignment clause
Merger clause
Modification clause
Severance clause
Notice clause
Dispute resolution
Language clause
Back of the contract
Concluding clause
Signature blocks

3. International Sales Agreement
Overview of chapter
General provisions
Checklist of provisions
Front of the contract
Body of the contract

4. International Distribution Agreement
Overview of chapter
Transnational sales and development of export function
Vertical integration
Supply chain - Levels and roles
Choosing between an agent and distributor
Distribution agreement
Fundamentals of distribution
Motives and concerns of distributor
Motives and concerns of manufacturer
General provisions

5. International Agency Agreement
Overview of chapter
Fundamentals of agency law
Agency agreements under EU law
General provisions

6. International Licensing Agreement
Overview of chapter
Fundamentals of intellectual property law
Principal's concerns
Licensee's concerns
General provisions