Commercial Contract Disputes

Author : Richard A. Rosen
Publisher : Wolters Kluwer
ISBN 13 : 073551478X
Total Pages : 2486 pages
Book Rating : 4.82/5 ( download)

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Download or read book Settlement Agreements in Commercial Disputes written by Richard A. Rosen and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 2486 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives.

Author :
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.28/5 ( download)

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Download or read book Commercial Contract Disputes written by and published by . This book was released on 1994 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : William Fox
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403536934
Total Pages : 482 pages
Book Rating : 4.34/5 ( download)

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Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.

Author :
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.49/5 ( download)

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Download or read book Selected cases in commercial contract disputes written by and published by . This book was released on 1982 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 110702918X
Total Pages : 347 pages
Book Rating : 4.87/5 ( 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: The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Author : Maryam Salehijam
Publisher : Routledge
ISBN 13 : 1000262464
Total Pages : 155 pages
Book Rating : 4.69/5 ( download)

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Download or read book Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Author : Hélène van Lith
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045247
Total Pages : 606 pages
Book Rating : 4.41/5 ( download)

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Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.

Author : Steven Baker
Publisher : Edward Elgar Publishing
ISBN 13 : 1784710121
Total Pages : 464 pages
Book Rating : 4.25/5 ( download)

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Download or read book IT Contracts and Dispute Management written by Steven Baker and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.01/5 ( download)

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Download or read book Arbitration of Sales and Service Contract Disputes written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law and published by . This book was released on 1992 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Hélène van Lith
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067045230
Total Pages : 0 pages
Book Rating : 4.33/5 ( download)

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Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the basic approaches to international jurisdiction in commercial contractual disputes, with a comprehensive analysis of jurisdictional regimes of major Continental European countries, England, the United States and the Brussels Regulation 44/2001. It contains an exhaustive comparative study of each rule establishing jurisdiction over disputes arising from transnational commercial contracts entered into between private entities and/or corporations. The analysis includes key issues such as defendant’s forum, corporate domicile, contract jurisdiction, branch jurisdiction, transacting and doing business, and describes the importance of U.S. due process standards, fair trial considerations and the forum (non) conveniens doctrines. It further explores whether any common grounds in international jurisdiction rules exist and assesses the feasibility of a uniform global system for international contractual disputes also in relation to the previous work of The Hague Conference of Private International Law on a worldwide jurisdiction convention. A valuable text for academics and practitioners dealing with private international law and international commercial litigation worldwide. Winner of the AiSDC Prize 2010.