Negotiating International Commercial Contracts

Practical Exercises

Gustavo Moser, Michael McIlwrath (Autoren)

Buch | Softcover

120 Seiten

2020
Eleven International Publishing (Verlag)
978-94-90947-09-5 (ISBN)

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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.

Gustavo Moser is a legal counsel at the London Court of International Arbitration (LCIA) and a subject coordinator at the Swiss International Law School (SiLS). Dr Moser obtained his PhD in International Commercial Law from the University of Basel, Switzerland, and has been working for over fifteen years with matters pertaining to cross-border contracts and dispute resolution mechanisms in various legal roles worldwide. Michael McIlwrath is Vice President - Litigation for Baker Hughes in Florence, Italy. He represents his division in disputes world-wide, including work in negotiations, mediation, and arbitration. He is chairman of the Governing Body for Dispute Resolution Services at the ICC.

Chapter 1 Escaping the Trap of the Familiar in International Contract Negotiations; Chapter 2 Negotiating Choice of Law Clauses; Chapter 3 Negotiating Methods of Dispute Resolution; Chapter 4 Defective Choice of Law and Dispute Resolution Clauses – Prevention and Management of Potential Risks; Chapter 5 Putting It All Together; Appendix Guidelines to the Exercises; About the Authors

Erscheinungsdatum	10.07.2023
Verlagsort	Utrecht
Sprache	englisch
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht
ISBN-10	94-90947-09-1 / 9490947091
ISBN-13	978-94-90947-09-5 / 9789490947095
Zustand	Neuware