Boilerplate Clauses International Commercial Contracts And The Applicable Law

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1139500058
Total Pages : 427 pages
Book Rating : 4.50/5 ( download)

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Download or read book Boilerplate Clauses, International Commercial Contracts and the Applicable Law written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2011-03-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 113995234X
Total Pages : 347 pages
Book Rating : 4.47/5 ( download)

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Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2014-05-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1316514234
Total Pages : 527 pages
Book Rating : 4.38/5 ( download)

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Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2023-12-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Author : Richard Christou
Publisher :
ISBN 13 : 9780414038523
Total Pages : 481 pages
Book Rating : 4.25/5 ( download)

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Download or read book Boilerplate written by Richard Christou and published by . This book was released on 2015 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Anderson
Publisher : Bloomsbury Publishing
ISBN 13 : 1526500620
Total Pages : 769 pages
Book Rating : 4.25/5 ( download)

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Download or read book A-Z Guide to Boilerplate and Commercial Clauses written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2017-10-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads

Author : Frank Adoranti
Publisher : Global Professional Publishi
ISBN 13 : 9780852977583
Total Pages : 198 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Manager's Guide to Understanding Commonly Used Contract Terms written by Frank Adoranti and published by Global Professional Publishi. This book was released on 2006 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: * Examples are given from "real life" business situations * Practical information and "Golden Rules" on what to do and what not to do * Plain English explanations of legal terms * Helpful resource for corporate managers This book will familiarize the reader with the look and feel of particular contract clauses (often called boilerplate clauses) that are important in commercial contracts. In negotiations, some executives will only scrutinize the commercial or "deal" terms of the contract. The rest is usually left "for the lawyers to sort out." However, the boilerplate clause will usually govern or regulate the other commercial or "deal" clauses. They play a vital part in the contract. It is only through the process of familiarization that you can begin to understand their effects. The important thing is to be able to identify these clauses and to understand what they are trying to achieve by their inclusion in the contract, which will place you well ahead of most other business executives in this area.

Author : Frank Adoranti
Publisher :
ISBN 13 : 9780958145237
Total Pages : 170 pages
Book Rating : 4.37/5 ( download)

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Download or read book Understanding Commonly Used Contract Terms written by Frank Adoranti and published by . This book was released on 2004 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every manager from the CEO down needs to have a basic understanding of commercial contracts and their ramifications and this publication will help them spot potential contractual negotiation issues before they become a problem. In the event of a lawsuit it will also help them work more effectively with their lawyers.

Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.09/5 ( download)

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Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Author : Cristelle Albaric
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041169164
Total Pages : 1178 pages
Book Rating : 4.67/5 ( download)

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Download or read book International Commercial Agency and Distribution Agreements written by Cristelle Albaric and published by Kluwer Law International B.V.. This book was released on 2017-03-06 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.

Author : Michala Meiselles
Publisher : Edinburgh University Press
ISBN 13 : 0748679057
Total Pages : 336 pages
Book Rating : 4.58/5 ( download)

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Download or read book International Commercial Agreements written by Michala Meiselles and published by Edinburgh University Press. This book was released on 2013-06-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key reference tool for business managers, lawyers and students, this accessible book covers the essential issues that need to be dealt with when negotiating, planning and writing international commercial agreements. It looks at the issues that must be taken into account when a business located in one country is contracting with a business located in another country, exploring the framework within which such international commercial agreements are concluded.