An excellent guide to the complex world of international commercial transactions A cross-disciplinary introduction to the complex world of international commercial agreements, this is a go-to guide for business managers, lawyers and students confused by drafting commercial agreements. Contracts fulfil several functions. They spell out the rights and obligations of the contracting parties, manage any potential risks arising out of the contractual relationship, and at the same time supply a contingency plan for each party, in the event that the contractual relationship breaks down. No contract…mehr
An excellent guide to the complex world of international commercial transactions A cross-disciplinary introduction to the complex world of international commercial agreements, this is a go-to guide for business managers, lawyers and students confused by drafting commercial agreements. Contracts fulfil several functions. They spell out the rights and obligations of the contracting parties, manage any potential risks arising out of the contractual relationship, and at the same time supply a contingency plan for each party, in the event that the contractual relationship breaks down. No contract can be perfect but the parties should aim for perfection and this book aims to show you how to achieve this. When planning, negotiating and writing international commercial agreements, it is important to know exactly what essential issues need to be addressed. What considerations do you need to take into account when planning an agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? This book answers these questions in an easy-to-use, clear and concise fashion, combining the most up-to-date material on the subject and an understanding of the learning needs of those approaching this subject for the first time. Michala Meiselles is a solicitor in England and Wales and law lecturer specialising in advising multinational enterprises, public sector clients and UN agencies on international commercial agreements. She is currently a lecturer in law at the Law School of Université Jean Moulin (in Lyon, France), teaching European Business Law and International Corporate Law. She is also a contributing author to The Civil Law Consequences of Corruption (2009). Cover images: (c) studiovision/iStockphoto and (c) Alex Slobodkin/iStockphoto. Cover design: [EUP logo] www.euppublishing.comHinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Michala Meiselles is a Lecturer in Law, University of Lyon Law School at M K Meiselles has over 15 years¿ experience as a lawyer specialising in commercial, banking and insurance litigation and in the facilitation of commercial agreements in the UK, Europe and internationally.
Inhaltsangabe
Dedication; Acknowledgements; Table of Cases; Table of Statutes; Preface; Guide to the Book; 1. Planning an International Commercial Agreement; Index; Overview of chapter; Abbreviations; Glossary; General planning concerns; I. Form of international commercial agreements; II. Subject matter of the contract; III. Parties contracting; IV. Trade barriers; V. Implied terms; Planning for dispute resolution; VI. Adaption of the contract; VII. Renegotiation of terms; VIII. Dispute resolution; IX. Researching local law; Entry strategies; X. Available entry strategies; Summary; Useful links; Further reading; 2. Drafting an International Commercial Agreement; Index; Overview of chapter; Glossary; I. Freedom of contract; II. Legality; III. International instruments; IV. Dispute resolution; V. Choice of law in international agreements; VI. Requirements relating to the form of the contract; VII. Missing or vague terms; VIII. Defined terms; IX. Language of contract; X. Checklist of provisions; XI. Structure; XII. Front of the contract; XIII. Body of the contract; XIV. Boilerplate clauses; XV. Back of the contract; Summary; Useful links; Further reading; 3. International Sales Agreement; Index; Overview of chapter; Glossary; I. The law applicable to the sales agreement; II. International law applicable to international sales of goods; III. English law governing international sales of goods; IV. Trade terms; V. Incoterms®; VI. Trade terms under English law; VII. Checklist of provisions; VIII. Front of the contract; IX. Body of the contract; X. Boilerplate clauses; XI. Back of the contract; Summary; Useful links; Further reading; 4. International Distribution Agreement; Index; Overview of chapter; Glossary; I. Vertical integration; II. The set up in a distribution relationship; III. Strategies when working with a distributor; IV. The relationship between the principal and distributor; V. Choosing between a traditional buyer and distributor; VI. Choosing between an agent and distributor; VII. The law governing international distribution agreements; VIII. Choice of law under European Union law; IX. European competition law and the treatment on distribution and agency agreements; X. Motives and concerns of distributor; XI. Motives and concerns of principal; XII. Distribution agreement and sales agreement; XIII. Checklist of provisions; XIV. Front of the contract; XV. Body of the contract; XVI. Boilerplate clauses; XVII. Back of the contract; General provisions; Summary; Useful links; Further reading; 5. International Agency Agreement; Index; Overview of chapter; Glossary; I. Agency arrangements When and why?; II. Fundamentals of agency law; III. Common types of agency relationships; IV. The sources of law governing the agency relationship; V. Governing law under European Union law; VI. Formation of the agency agreement; VII. Creation of an agency relationship; VIII. Consequences of agency; IX. Termination of the agency agreement; X. Liability of the principal to the third party; XI. Disclosed and undisclosed agency; XII. Civil law contrasted with common law; XIII. Concerns of the principal; XIV. Concerns of the agent; XV. Third party s concerns; XVI. Agency agreements under EU law; XVII. Agency law and international instruments; XVIII. Checklist of provisions; XIX. Front of the contract; XX. Body of the contract; XXI. Boilerplate clauses and back of contract; Summary; Useful links; Further reading; 6. International Licensing Agreement; Index; Overview of chapter; Glossary; I. Intellectual property defined; II. Intellectual property law defined; III. The role of intellectual property law; IV. The role of intellectual property; V. The concerns of the different actors; VI. Characteristics of IPR; VII. Main categories of IPRs; VIII. The role of international licensing agreements; IX. Role of licensing; X. General format of a licensing agreement; XI. Main categories of international licensing agreements; XII. Licensing of a patent; XIII. Licensing a trade mark; XIV. Licensing a copyright; XX. Technology transfer agreement; XXI. Franchising; XXII. Principal s benefits under a licensing agreement; XXIII. Licensee s benefits under a licensing agreement; XXIV. Principal s concerns; XXV. Licensee s concerns; XXVI. Governing law under European Union law; XXVII. Checklist of provisions; XXVIII. Front of the contract; XXIX. Body of the contract; XXX. Boilerplate clauses; XXXI. Back of the contract; Summary; Useful links; Further reading; 7. International Instruments governing International Commercial Agreements; Index; Overview of chapter; Glossary; I. Introduction; II. UNIDROIT Principles and PECL; III. CISG; IV. Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL); Useful links; Further reading.
Dedication; Acknowledgements; Table of Cases; Table of Statutes; Preface; Guide to the Book; 1. Planning an International Commercial Agreement; Index; Overview of chapter; Abbreviations; Glossary; General planning concerns; I. Form of international commercial agreements; II. Subject matter of the contract; III. Parties contracting; IV. Trade barriers; V. Implied terms; Planning for dispute resolution; VI. Adaption of the contract; VII. Renegotiation of terms; VIII. Dispute resolution; IX. Researching local law; Entry strategies; X. Available entry strategies; Summary; Useful links; Further reading; 2. Drafting an International Commercial Agreement; Index; Overview of chapter; Glossary; I. Freedom of contract; II. Legality; III. International instruments; IV. Dispute resolution; V. Choice of law in international agreements; VI. Requirements relating to the form of the contract; VII. Missing or vague terms; VIII. Defined terms; IX. Language of contract; X. Checklist of provisions; XI. Structure; XII. Front of the contract; XIII. Body of the contract; XIV. Boilerplate clauses; XV. Back of the contract; Summary; Useful links; Further reading; 3. International Sales Agreement; Index; Overview of chapter; Glossary; I. The law applicable to the sales agreement; II. International law applicable to international sales of goods; III. English law governing international sales of goods; IV. Trade terms; V. Incoterms®; VI. Trade terms under English law; VII. Checklist of provisions; VIII. Front of the contract; IX. Body of the contract; X. Boilerplate clauses; XI. Back of the contract; Summary; Useful links; Further reading; 4. International Distribution Agreement; Index; Overview of chapter; Glossary; I. Vertical integration; II. The set up in a distribution relationship; III. Strategies when working with a distributor; IV. The relationship between the principal and distributor; V. Choosing between a traditional buyer and distributor; VI. Choosing between an agent and distributor; VII. The law governing international distribution agreements; VIII. Choice of law under European Union law; IX. European competition law and the treatment on distribution and agency agreements; X. Motives and concerns of distributor; XI. Motives and concerns of principal; XII. Distribution agreement and sales agreement; XIII. Checklist of provisions; XIV. Front of the contract; XV. Body of the contract; XVI. Boilerplate clauses; XVII. Back of the contract; General provisions; Summary; Useful links; Further reading; 5. International Agency Agreement; Index; Overview of chapter; Glossary; I. Agency arrangements When and why?; II. Fundamentals of agency law; III. Common types of agency relationships; IV. The sources of law governing the agency relationship; V. Governing law under European Union law; VI. Formation of the agency agreement; VII. Creation of an agency relationship; VIII. Consequences of agency; IX. Termination of the agency agreement; X. Liability of the principal to the third party; XI. Disclosed and undisclosed agency; XII. Civil law contrasted with common law; XIII. Concerns of the principal; XIV. Concerns of the agent; XV. Third party s concerns; XVI. Agency agreements under EU law; XVII. Agency law and international instruments; XVIII. Checklist of provisions; XIX. Front of the contract; XX. Body of the contract; XXI. Boilerplate clauses and back of contract; Summary; Useful links; Further reading; 6. International Licensing Agreement; Index; Overview of chapter; Glossary; I. Intellectual property defined; II. Intellectual property law defined; III. The role of intellectual property law; IV. The role of intellectual property; V. The concerns of the different actors; VI. Characteristics of IPR; VII. Main categories of IPRs; VIII. The role of international licensing agreements; IX. Role of licensing; X. General format of a licensing agreement; XI. Main categories of international licensing agreements; XII. Licensing of a patent; XIII. Licensing a trade mark; XIV. Licensing a copyright; XX. Technology transfer agreement; XXI. Franchising; XXII. Principal s benefits under a licensing agreement; XXIII. Licensee s benefits under a licensing agreement; XXIV. Principal s concerns; XXV. Licensee s concerns; XXVI. Governing law under European Union law; XXVII. Checklist of provisions; XXVIII. Front of the contract; XXIX. Body of the contract; XXX. Boilerplate clauses; XXXI. Back of the contract; Summary; Useful links; Further reading; 7. International Instruments governing International Commercial Agreements; Index; Overview of chapter; Glossary; I. Introduction; II. UNIDROIT Principles and PECL; III. CISG; IV. Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL); Useful links; Further reading.
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