Fee Download International Contracting. Law and Practice, Third Edition, by Larry A. Dimatteo
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International Contracting. Law and Practice, Third Edition, by Larry A. Dimatteo
Fee Download International Contracting. Law and Practice, Third Edition, by Larry A. Dimatteo
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For more than a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The Third Edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts. More profoundly, it takes fully into account the impact of the financial crisis of 2008 on the legal profession, the regulatory system, and how we view certain types of contractual instruments.
All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. The bibliography (including online sources) is once more greatly expanded and enhanced.
The Third Edition introduces the idea of proactive or strategic contracting, and adds a new chapter on confidentiality, nondisclosure agreements, and covenants not to compete. Other new and updated material examines such issues and topics as the following:
- anti-bribery clauses;
- "garden leave" clauses;
- strategic posturing;
- countertrade;
- guarantees of performance;
- mediation rules;
- performance bonds; and
- contract interpretation.
Updates on relevant developments worldwide include new material on China, the European Union (including the important Common European Sales Law), Germany, Scandinavia, Russia, and Australia. The important new United Nations Convention on the Use of Electronic Communications in International Contracts is also covered. Given the legal liability that can result from the failure to take private international law developments into account, this book is not only valuable but necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, the book will continue to serve practitioners well in this latest edition.
- Sales Rank: #2172287 in Books
- Brand: Brand: Kluwer Law International
- Published on: 2013-01-23
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x 1.44" w x 6.14" l, 2.48 pounds
- Binding: Hardcover
- 680 pages
- Used Book in Good Condition
Most helpful customer reviews
0 of 0 people found the following review helpful.
Principles, mechanisms and instruments for drafting international commercial contracts
By Legal Abstract
The reviewed book belongs to Larry DiMatteo, a famous expert in the field of international commercial contracts. It is noteworthy that DiMatteo is a very prolific scholar and authored such books as: International Business Law: a transactional approach (2nd ed. Thomson West) (2006), Law of International Sales: a critical analysis of the CISG (Cambridge University Press) (2005), Law of international business transactions (West Publishing) (2003), Equitable Law of Contracts: principles and standards (Transnational Publishers 2001) and The Law of International Contracting (Kluwer Law International, 2000).
As is evident from titles, the majority of the books are devoted to practical aspects of drafting international commercial contracts. It is in fact an illustration of significant experience and presence of professional skills and knowledge in drafting international commercial contracts.
The book is written in an accessible and plain language. The author adduced a lot of interesting examples from practice and case law, which makes the book very practical and useful for practicing lawyers.
The author coherently discusses the principles of drafting international commercial contracts, focusing on Bermina Distributors v. Bemina Sewing Machines 646 F.2d 434 (1981). According to the materials of this case, a dispute arose as a result of ambiguous clause about change of prices in a contract, which led to uncontrolled increase of total price of contract by defendant.
Adducing this example, the author warns about dangers of such clauses and stipulations and advises parties to take into account such risks when drafting contracts.
Another remarkable chapter in the book is a chapter devoted to frequently used clauses in international contracts. The importance of this chapter is explained by the fact that the author lists and describes such clauses of contract as preamble, definition, contract price, taxation, delivery terms, payment terms, merger clause, amendment of contract, choice of law clauses, arbitration clause, etc.
The book discusses such important topics as a sale of goods, distribution agreements, and intellectual property licensing agreements, joint venture agreements, confidentiality and electronic contracts.
The books pays specific attention to the matters of Russian law. Thus, for instance, in chapter 10, devoted to licensing intellectual property, author discusses review of Russian law of intellectual properties. In chapter 5, devoted to national legislations, regulating sale of goods, author discusses relevant provisions of Civil Code of Russian Federation. Beside Russia, the author pays special attention to Australia, China and Germany.
In appendices, the author provides the full texts of UN Convention on contracts for international sale of goods 1980, also known as Vienna Convention 1980, UN Convention on Limitation Periods in international sale of goods, UNIDRUA Principles on international commercial contracts, European Contract Law Principles 198, European Model Law on sale of goods and Chinese Contract law (excerpts).
Unfortunately, the author does not provide the texts of such important instruments as UCP 600, Incoterms 2010 and Standby credit convention. However, it should be noted that absence of these documents does not diminish the value of the book.
The book is recommended to all lawyers, interested in international sale of goods, international payments, international commercial arbitration, intellectual property, company law and electronic contracts.
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