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Negotiating Techniques in International Commercial Contracts

Negotiating Techniques in International Commercial Contracts
Author: Charles Chatterjee
Publisher: Routledge
Total Pages: 165
Release: 2020-09-29
Genre: Business & Economics
ISBN: 1000160416

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Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts. The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.


Negotiating Techniques in Diplomacy and Business Contracts

Negotiating Techniques in Diplomacy and Business Contracts
Author: Charles Chatterjee
Publisher: Springer Nature
Total Pages: 170
Release: 2021-09-22
Genre: Political Science
ISBN: 3030817326

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Diplomacy is an established discipline, but it is still wearing its old garments,failing to display its capacity to deal with new unique bi-lateral and international disputes. In conformity with the provisions of Article 33 of the UN Charter, thisbook emphasises the need for current-day diplomats to have appropriate training in negotiation and conciliation techniques rather than leaving inter-state or international dispute hearings unsettled with their inevitable consequences. The book also identifies the role and effectiveness of negotiating techniques in conducting business contracts, women’s role in negotiating diplomatic and business deals, negotiating techniques in import-export trade, project finance, and syndicated loan agreements. It further discusses the UN system and diplomacy. The opinions expressed in this book are those of the author, and in no way may be attributed to the institution to which he belongs.


International Commercial Agreements:A Primer on Drafting, Negotiating and Resolving Disputes

International Commercial Agreements:A Primer on Drafting, Negotiating and Resolving Disputes
Author: William Fox
Publisher: Springer
Total Pages: 0
Release: 1998-08-28
Genre: Law
ISBN: 9789041106384

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Trade between nations is worth billions of dollars a year and will continue to increase with the rise in world population. But the complexities and nuances involved often make aspects of transnational contracts impenetrable. As a result, the need is stronger than ever for a one-volume text on the fundamentals of International Commercial Transactions for lawyers, businesspeople, and others involved in or considering international deals. International Commercial Agreements, now in its third edition , meets this need by providing basic, precise information on setting up and performing international trade transactions. Its popularity is a testament to its uniqueness--the bulk of work on this subject is concentrated in inaccessible, multi-volume treaties or scattered among law journal articles and assumes expertise in the arena and familiarity with the legal jargon. This book focuses on the private dimensions of international trade, and specifically on its contractual aspects. 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 contracting parties for performance by them with occasional third-party assistance. The work is organized so that the user can read or skip various topics as needed rather than having to read cover-to-cover. Coverage includes: specific guidance on drafting commercial agreements; background material on contract formation, including basic information on contract law; information on differences between international and domestic contracts; exploration of negotiation techniques and coverage of new thinking in negotiation to help smooth the negotiation process; and discussion of alternative dispute resolution issues.


Drafting and Negotiating International Commercial Contracts

Drafting and Negotiating International Commercial Contracts
Author: Fabio Bortolotti
Publisher: Kluwer Law International
Total Pages: 0
Release: 2009-02-18
Genre: Conflict of laws
ISBN: 9789041128591

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Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.


Commercial Contracts

Commercial Contracts
Author: Vladimir R. Rossman
Publisher: Wolters Kluwer
Total Pages: 2506
Release: 2012-12-17
Genre: Law
ISBN: 145483109X

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In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more


The Essentials of Contract Negotiation

The Essentials of Contract Negotiation
Author: Stefanie Jung
Publisher: Springer
Total Pages: 242
Release: 2019-06-14
Genre: Law
ISBN: 3030128660

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This book focuses on the tactics and strategies used in business-to-business contract negotiations. In addition to outlining general negotiation concepts, techniques and tools, it provides insight into relevant framework conditions, underlying mechanisms and also presents generally occurring terms and problems. Moreover, different negotiating styles are illustrated using an exemplary presentation of negotiation peculiarities in China, the USA and Germany. The presented tactics and strategies combine interdisciplinary psychological and economic knowledge as well as findings from the field of communication science. The application scope of these tactics and strategies covers business-to-business negotiations as well as company-internal negotiations. The fact that this book does not necessarily stipulate any prior knowledge of the subject of negotiations also makes it highly suitable for nonprofessionals with a pronounced interested in negotiations. Nonetheless, it provides proficient negotiators with a deeper understanding for situations experienced in negotiations. This book also helps practioners to identify underlying mechanisms and on this basis sustainably improve their negotiation skills.


Negotiating Int Comm Contracts

Negotiating Int Comm Contracts
Author: Gustavo Moser
Publisher:
Total Pages: 122
Release: 2020-11-26
Genre:
ISBN: 9789490947095

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"A must-have toolkit for anyone entering the unchartered territory of international contracts"Prof. (em.) Ingeborg Schwenzer "Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." Prof. George A. Bermann "A useful tool to assist lawyers hoping to enhance their skills in negotiating contracts with international elements." Prof. William W. Park "This book is a must-have tool for teachers, learners, legal practitioners, and business negotiators in international commercial contracts. It provides interactive, hands-on learning that keeps the reader turning pages filled with practical exercises and tips, and explains the law and underlying theories shoring up the practice. The book can be used independently or part of a course where participants can engage in the exercises, followed with discussion. A brilliant and innovative approach to understanding and honing skills in negotiating commercial contracts, created by two highly experienced experts." Prof. Patricia Shaughnessy 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.


The Contract Negotiation Handbook

The Contract Negotiation Handbook
Author: Stephen Guth
Publisher: Lulu.com
Total Pages: 212
Release: 2007-12-20
Genre: Business & Economics
ISBN: 1435706390

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Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.


Getting to Yes

Getting to Yes
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
Total Pages: 242
Release: 1991
Genre: Business & Economics
ISBN: 9780395631249

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Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.


Negotiating International Business

Negotiating International Business
Author: Lothar Katz
Publisher: Booksurge Publishing
Total Pages: 478
Release: 2006
Genre: Business and politics
ISBN:

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Pt. 1. International negotiations. -- Pt. 2. Negotiation techniques used around the world. -- Pt. 3. Negotiate right in any of 50 countries.