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International Sales Agreements

Author : James M. Klotz
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 29,60 MB
Release : 2018-05-07
Category : Business & Economics
ISBN : 9403500913

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Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.

International Sales Terms

Author : Patrick Ostendorf
Publisher : Beck/Hart
Page : 192 pages
File Size : 10,45 MB
Release : 2018-11-15
Category : Law
ISBN : 9781509926190

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An initial chapter provides an introduction into CISG and Swiss law (as proposed proper law of the terms of sale) with respect to such legal areas which do not fall within the scope of the CISG (e.g. transfer of claims, offsetting, periods of limitation, validity of contracts etc.) and examines deviations in this context in comparison with other more significant legal systems (especially Anglo-American law). Additionally important general legal issues regarding international purchase agreements are discussed (incl. American and European export control and antitrust regulations) and ways for effective incorporation of general terms and conditions into international agreements are pointed out (incl. in consideration of the issue regarding colliding terms and conditions). The main section of the book contains annotated international sales conditions (incl. terms of payment, retention of title, delivery obligations, passing of risk, conformity of the goods with the contract and legal remedies in case of non-conforming goods, non-disclosure agreements, limitation of liability, cancellation of an agreement, provisions with respect to choice of law, arbitration court and place of jurisdiction). The content of every provision as well as its effect on the basis of the applicable law are discussed and analyzed in more detail. Alternatives for drafting individual provisions are pointed out for special key terms of the contract.

Advanced Introduction to International Sales Law

Author : Clayton P. Gillette
Publisher : Edward Elgar Publishing
Page : 146 pages
File Size : 22,5 MB
Release : 2016-03-25
Category : Business & Economics
ISBN : 1784711888

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.

International Commercial Sales: The Sale of Goods on Shipment Terms

Author : Andrea Lista
Publisher : Taylor & Francis
Page : 561 pages
File Size : 13,34 MB
Release : 2016-11-18
Category : Law
ISBN : 1317662385

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This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.

A Short Course in International Contracts

Author : Karla C. Shippey
Publisher : World Trade Press
Page : 200 pages
File Size : 46,48 MB
Release : 2003
Category : Business & Economics
ISBN : 9781885073655

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Resource added for the Global Business program 101381.

Dictionary of International Business Terms

Author : John Owen Edward Clark
Publisher : Global Professional Publishi
Page : 372 pages
File Size : 21,78 MB
Release : 2001
Category : Business & Economics
ISBN : 9780852975749

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With nearly 5000 terms, this is a practical summary of modern business language designed for those studying or conducting international commerce.

The Dictionary of International Business Terms

Author : Jae K. Shim
Publisher : Taylor & Francis
Page : 332 pages
File Size : 27,19 MB
Release : 1998
Category : International business enterprises
ISBN : 9781579580018

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First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

International Commercial Sales

Author : Andrea Lista
Publisher :
Page : 0 pages
File Size : 13,82 MB
Release : 2017
Category : Export sales contracts
ISBN : 9780415702829

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CHAPTER 2 THE LEGAL NATURE OF C.I.F AND F.O.B. CONTRACTS -- 2.1 The legal nature of c.i.f. contracts -- 2.2 C.i.f. contracts: Contracts for the sale of goods or documents? -- 2.3 The legal and commercial nature of f.o.b. contracts -- 2.4 Classification of f.o.b. contracts -- CHAPTER 3 THE CREATION OF A CONTRACT CONCLUDED ON SHIPMENT TERMS -- 3.1 Introduction -- 3.2 When was the contract concluded and what were its terms? -- 3.3 Traders' standard terms and conditions -- 3.4 The battle of the forms -- 3.5 Recent developments regarding the battle of the forms