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Well-known since its first edition for its lucid explanation of the important
concepts affecting international commercial agreements in terms that a lawyer
or business executive new to the field can understand and use – rather than
the legal jargon of experts talking to other experts – this incomparable
one-volume work provides basic, precise information on setting up and
performing international trade transactions. Its focus reflects the reality of
the day-to-day business of international trade, which is primarily an
undertaking between two private businesses based on a contract drafted and
negotiated between the two parties for performance by them with occasional
Reinforcing the book’s concentration on the private dimensions of
international trade, and more precisely on the contractual aspects of that
trade, the Fourth Edition extends its coverage to the newest growing
dimensions of the field, with new chapters on intellectual property,
international electronic commerce, and online dispute resolution. The
much-appreciated solid basic information on a wide variety of issues that
people will encounter in putting together international commercial agreements
is of course still here, and includes the following:
specific guidance on drafting commercial agreements;
background material on contract formation, including basic information on
differences between international and domestic contracts;
in-depth exploration of negotiation techniques to help smooth the negotiation
detailed discussion of alternative dispute resolution, including
mediation/conciliation as well as arbitration;
drafting contracts to cover a wide variety of business relationships, such as
sale of services, franchises, joint ventures, and licenses;
online dispute resolution; and
emerging new trends in international commercial arrangements.
The reader will find a substantial amount of information and discussion on
international electronic commerce both in separate chapters and within
chapters on more general topics.
In its recognition that a business executive entering into an international
commercial transaction is mainly interested in drafting an agreement that
satisfies all of the parties and that will be performed as promised, this
superb functional guide for negotiation, drafting and resolving disputes in
international commercial agreements will immeasurably assist any lawyer or
business executive to plan and carry out individual transactions 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 the book gives them the understanding and perspective necessary
to work effectively with the legal experts.
Preface and Acknowledgments—Fourth Edition.
Part One: Negotiating and Drafting Commercial
Agreements. 1. Introduction. 2. Sources of the Law of International
Commercial Agreements. 3. Planning International Commercial Agreements.
4. Drafting International Commercial Agreements. 5. Negotiating
International Commercial Agreements. 6. International Electronic
Commerce. 7. International Intellectual Property and Licensing
Agreements. Part Two: Resolving International Commercial
Disputes. 8. The Less Drastic Forms of International Commercial Dispute
Resolution. 9. International Commercial Arbitration: Commencing
Arbitration, Arbitration Hearings and the Arbitral Award. 10.
International Commercial Arbitration in the Courts. 11. International
Commercial Arbitration: Special Regional Considerations. 12.
Litigation. 13. Electronic Commercial Dispute Resolution. 14.
Future Trends in International Commercial Agreements and International
Commercial Dispute Resolution.