Drafting International Contracts: An Analysis of Contract Clauses - Hardcover

Fontaine, Marcel; De Ly, Filip

9781571053558: Drafting International Contracts: An Analysis of Contract Clauses

Hardcover

ISBN 10: 1571053557 ISBN 13: 9781571053558

Publisher: Transnational Pub Inc, 2006

A must-have resource for anyone working in international business, a straightforward, easy-to-use tool featuring all the latest trends and developments: � Summary of 25 years (1975-2000) of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics � Systematic analysis of the main clauses present in international contracts � Formalization of international contract practice � Complete image or what the drafting of an international contract is or should be in the 21st century � Based on the large samples and actual clauses taken from the files and personal experience of participants � Examples provided by definitions, titles and entire agreement clauses � Understand how international contracts are drafted in practice � Leads to dynamic conception of contract law Key Terms Defined: � Clauses limiting liability � Contractual obligation � Memorandum of understanding – evolution of term – in relation to the economic activities and branches of trade where international contracts are used.� Features of international contract drafting � Paradox of Autonomy � “Force majeure” in international contracts � N.O.M. (“no oral modification”) and non-renunciation clauses. � Classical theory vs. modern advancements International Lawyers and corporate counsel will learn: � Formation and performance of the contract � Contract re-negotiation, amendments to initial agreements � Survival of contract through several obligations which will bind parties, “post-contractual” obligations � Termination of the contract � “Life” and “death” of the contract � Exemption and limitation of liability clauses � Effect of market conditions � Use of contractual procedures that determine the conditions under which contract clauses are to be triggered and dealt with (contractual processualization) � Use of contractual documents that formalize the abovementioned contractual procedures (contractual formalization or documentalization) as for instance with regard to recitals and entire agreement clauses � Use of objective standards of conduct to avoid escalation of disputes (contractual objectivation) � Much more

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From the Back Cover:

"Drafting International Contracts" is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.

About the Author:

Marcel Fontaine is Professor Emeritus, University of Louvain Law School, Belgium. Among his many accomplishments, Prof. Fontaine has been a member and reporter of the working group in charge of drafting the “Unidroit Principles of International Commercial Contracts” (since 1979). Currently, he is in charge of drafting a Uniform Act on Contracts for the 16 African countries belonging to OHADA (Organization for the African Harmonization of Business Law). Note: De Ly to come

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