Negotiating Techniques in International Commercial Contracts PDF Download

Author: Charles Chatterjee
Publisher: Routledge
ISBN: 1000160416
Category : Business & Economics
Languages : en
Pages : 165

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Book Description
Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts. The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.

Author: Vladimir R. Rossman
Publisher: Wolters Kluwer
ISBN: 145483109X
Category : Law
Languages : en
Pages : 2506

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Book Description
In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more

Author: Fabio Bortolotti
Publisher: Kluwer Law International
ISBN: 9789041128591
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.

Author: Stefanie Jung
Publisher: Springer
ISBN: 3030128660
Category : Law
Languages : en
Pages : 242

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Book Description
This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.

Author: Gustavo Moser
Publisher:
ISBN: 9789490947095
Category :
Languages : en
Pages : 122

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Book Description
"A must-have toolkit for anyone entering the unchartered territory of international contracts"Prof. (em.) Ingeborg Schwenzer "Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." Prof. George A. Bermann "A useful tool to assist lawyers hoping to enhance their skills in negotiating contracts with international elements." Prof. William W. Park "This book is a must-have tool for teachers, learners, legal practitioners, and business negotiators in international commercial contracts. It provides interactive, hands-on learning that keeps the reader turning pages filled with practical exercises and tips, and explains the law and underlying theories shoring up the practice. The book can be used independently or part of a course where participants can engage in the exercises, followed with discussion. A brilliant and innovative approach to understanding and honing skills in negotiating commercial contracts, created by two highly experienced experts." Prof. Patricia Shaughnessy Negotiating International Commercial Contracts - Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors' experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive law to govern the contract (or the failure to choose a law); and (ii) the method and place of dispute resolution (or the failure to specify in the dispute resolution clause). You will be invited to consider challenging situations, all of which are designed to enhance your ability to anticipate legal and business risks, minimise potential pitfalls and give you an idea of a checklist to tackle these commercial issues. The suggested answers aim to guide you towards the sort of thoughtful approach that will help you with similar situations in real life, and allow you to make commercially sensible decisions to avoid being caught by the "all-too-familiar" approach. This workbook is designed to assist anyone involved in the negotiation, enforcement, or interpretation of international commercial contracts. The book aims to help build skills for any counsel assisting clients in international transactions, including those in law firms and in-house legal departments, those acting as judges, arbitrators, mediators, or for training purposes in university and professional training courses.

Author: Frank Adoranti
Publisher: Global Professional Publishi
ISBN: 9780852977200
Category : Business & Economics
Languages : en
Pages : 284

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Book Description
* 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 You've been involved in weeks, or sometimes even months, of hard-fought negotiations. However, the deal is not done until it is written up--not until the final form of contract is agreed upon and executed. You have to have a basic understanding of commercial contracts and all their ramifications every step of the way. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.

Author:
Publisher:
ISBN: 9789284201822
Category :
Languages : en
Pages :

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Book Description

Author: James M. Klotz
Publisher: Kluwer Law International B.V.
ISBN: 9041127135
Category : Business & Economics
Languages : en
Pages : 242

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Book Description
Doing International Business? Here are the Tools! Power Tools for Negotiating International Deals is a nuts and bolts guide. This book is the handbook read before the negotiation. It is also to be used during the negotiation when a decision to stand firm or compromise must be made. Power Tools for Negotiating International Deals shows how international business works, where to stake high ground, what concessions to make, and what mistakes to avoid. Filled with checklists and case examples, these are the power tools needed for negotiating business deals in the global marketplace. When negotiating an international deal, there is often only one good opportunity to strike the bargain and make the deal. To do so, a businessperson needs tools to know what to ask for, what to counter with, and what to offer up as a reasonable compromise. That is how deals get done. Without knowing the terms that would make the best international deal, the deal may still get done and– it just will not be the best that could have been negotiated. Power Tools for Negotiating International Deals explains the key issues that need to be negotiated in an international business deal, be it a product sale, agency/brokerage, consulting agreement, distributorship, license, joint venture or consortium. Some of the topics covered in this book: the basics of international business deals negotiating international sales of goods and services negotiating international agency and consulting deals negotiating international distribution deals negotiating international license deals negotiating international joint venture and consortium deals James M. Klotz is one of Canadaand’s leading international business lawyers. In addition to cochairing the International Business Transactions group of one of Canadaand’s largest law firms, he has written several books and treatises on international business law and negotiation. He has taught courses in international business law at Osgoode Hall Law School, Toronto, and in international risk assessment at the University of Toronto, School of Continuing Studies. When not flying around the world on deals, he lives and works in Toronto.

Author: Gregory A. Garrett
Publisher: Wolters Kluwer
ISBN: 0808012460
Category : Business & Economics
Languages : en
Pages : 384

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Book Description
Contract Negotiations: Skills, Tools and Best Practices discusses today's dynamic performance-based business environment in both the public and private business sectors. Contract Negotiations covers the important aspects of contract negotiation planning, conducting contract negotiations, documenting contract negotiations and contract formation. You'll find an engaging discussion of the competencies and skills that must be mastered to become a world-class contract negotiator. The book features a proven effective contract negotiation process, supplemented with numerous tools, forms, templates, case studies and best practices.

Author: William Fox
Publisher: Kluwer Law International B.V.
ISBN: 9403536934
Category : Law
Languages : en
Pages : 482

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Book Description
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.