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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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International Contracting: Law and Practice 4th ed

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ISBN13: 9789041159670
Previous Edition ISBN: 9789041135308
To be Published: October 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £156.00

International Contracting Law, Practice and the Legal Environment, in its fourth revised and expanded edition, describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts. For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. More profoundly, it takes fully into account the hugely increasing volume of international trade, its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade.

All the invaluable features of earlier editions are still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear 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 appendices.

What’s in this book:

Among the numerous issues and topics that arise are the following:

  • incorporation of standard terms;
  • difficulties of multiple language contracts;
  • lex mercatoria;
  • liability based upon preliminary agreements;
  • issues of termination;
  • regulation of Internet sales;
  • role of model or uniform laws;
  • sale of services;
  • national law restrictions on the cross-border sale of services;
  • intellectual property transfer and licensing agreements;
  • franchising and joint ventures;
  • electronic contracting; and
  • confidentiality, nondisclosure agreements, and covenants not to compete.

This book presents detailed negotiating strategies, sample contract clauses, drafting “tips,” contract checklists, and case studies and provides easy access to the myriad of issues and solutions related to the drafting of international contracts.

How this will help you:

This one-volume book balances “law” and “practice” by providing practical advice for carrying out successful international business transactions, as well as surveying substantive national, regional, and international laws. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Since knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but also necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, it will continue to serve practitioners well in this latest edition.

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Commercial Law, International Trade
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 Venture, Franchise, and Long-Term Contracts
Chapter 12 Confidentiality and Non-disclosure Agreements
Chapter 13 Post-cContract: Continuing Rights & Obligations
Chapter 14 Electronic Contracting

Appendix 1: General Sources
Appendix 2: United Nations Convention on Contracts for the International Sale of Goods
Appendix 3: United Nations Convention on the Limitation Period in the International Sale of Goods
Appendix 4: UNIDROIT Principles of International Commercial Contracts
Appendix 5: Principles of European Contract Law (1998)
Appendix 6: Common European Sales Law (proposed as of October 2011)
Appendix 7: Contract Law of the People’s Republic of China (Excerpts)