Drafting International Contracts: An Analysis of Contract Clauses. Marcel Fontaine, Filip De Ly

Drafting International Contracts: An Analysis of Contract Clauses


Drafting.International.Contracts.An.Analysis.of.Contract.Clauses.pdf
ISBN: 9004176799,9789004176799 | 653 pages | 17 Mb


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Drafting International Contracts: An Analysis of Contract Clauses Marcel Fontaine, Filip De Ly
Publisher: Martinus Nijhoff Publishers Brill Academic




For example, dispute resolution lawyers find it coherent to choose England as the place of the arbitration if the substantive law of the contract is English law. The next step is to This article will not specifically address international dispute resolution, and the contract drafter is cautioned that it is a whole different world, with a different set of challenges. My recommendation, however, for international contracts, would be to address this clause in such contract; irrespective of the fact that parties may chose in such contracts to include or exclude the Consequential Damages. International contracts raise international business contract governing language, law and forum issues that must be harmonized, especially in an english contract. Drafting International Contracts: An Analysis of Contract Clauses. Drafting.International.Contracts.An.Analysis.of.Contract. And if you do, then well, make sure you have a Choice of Law Clause: This is the most basic of basic contract terms, whether you are drafting a contract to buy 1000 pairs of loafers from a manufacturer in Italy, or you're making a purchase from a guy in Scranton, Ohio. The Renegotiation clause is common in the long-term international investment contracts, particularly in the natural resources and energy sectors. It is important to note that arbitration is the norm in one context, and this is the international commercial context. The first premise is that there are no perfect contracts. Second, the time and effort expended in the process of negotiating an ADR clause is almost always wasted because most contracts in fact do not end in dispute. But if you think American contracts are complicated, just be glad you don't have an international business because the complexity jumps up tenfold. In this, the first of a two-part series assessing NEC3 against the more conventional FIDIC Silver in terms of its suitability for substantial international construction and engineering projects, we examine the contrasting approaches and That said, it is counterintuitive to select a contract which is drafted on the basis of a particular philosophy and then seek to heavily amend it such that it becomes far removed from its basis; the choice of base form is still important. [2] Some interesting drafting tips from Paulsson J. First off, if you are negotiating an English contract, and you yourself are most comfortable writing, speaking, and, most important of all, interpreting text in English, than you should include a clause in the contract stating that no matter what Of course, you should draft the above clause in Portuguese! There are no Conscious and rigorous analysis of the deal, on the assumption that disputes will inevitably occur, is the first step in drafting contract clauses that add value to the client and to the deal as a whole. In March 2009 I did this Q&A with Kingsley Martin, developer of KIIAC, a software for creating templates and clause libraries for use in drafting contracts. In drafting an ADR clause providing for negotiation and/or mediation, it is important for the Draftsman to ask the next question about what is to happen if agreement is not achieved.

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