You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.
Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.
Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
La 4e de couverture indique : "Arbitrators frequently face requests wrongly considered as being of incidental nature. Interest claims in particular raise delicate legal issues and may involve considerable amounts, sometimes exceeding the main claim. So as to guarantee the quick and effective enforcement of awards, the arbitral practice is looking for new approaches, such as lump assessment, "clauses pénales" or judicial penalties ("astreintes"). "
"Proceedings of the 2007 Annual Meeting of the ICC Institute of World Business Law" -- Cover, p. 4.
This book explores how business people and their legal advisers try to minimise the effect of the difficulties imposed by different cultures.
Previous edition, 1st, published in 2005.