"A must-have toolkit for anyone entering the unchartered territory of international contracts" Prof. (em.) Ingeborg Schwenzer
"An inspiring, really valuable book for both experienced and newly qualified lawyers negotiating international contracts. I wish I had read this half a century ago…" Michael Leathes
"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.
Gustavo Moser is a legal counsel at the London Court of International Arbitration (LCIA) and a subject coordinator at the Swiss International Law School (SiLS). Dr Moser obtained his PhD in International Commercial Law from the University of Basel, Switzerland, and has been working for over fifteen years with matters pertaining to cross-border contracts and dispute resolution mechanisms in various legal roles worldwide.
Michael McIlwrath is Vice President - Litigation for Baker Hughes in Florence, Italy. He represents his division in disputes world-wide, including work in negotiations, mediation, and arbitration. He is chairman of the Governing Body for Dispute Resolution Services at the ICC.
|Author(s)||Gustavo Moser and Michael Mcllwrath|
|ISBN Book||978-94-9094-709-5,#1 edition|
|Publication date||26 november 2020|
|Number of pages||122 Pages|
|Suitable for||Wetenschappelijk Onderwijs (WO)|
|Brand||Eleven International Publishing|
|Subject(s)||Ondernemingsrecht, Business and Commercial Law, Verbintenissenrecht, Internationaal recht, Private Law|