Drafting International Contracts

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BRILL, 2009 - Business & Economics - 653 pages
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"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.
 

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Contents

Letters of Intent
1
Recitals in International Contracts
59
Interpretation Clauses
103
Best Efforts Reasonable Care Due Diligence and General Trade Standards in International Contracts
187
Confidentiality Clauses in International Contracts
231
Penalty Clauses
299
Limitation of Liability and Exemption Clauses
351
Force Majeure Clauses in International Contracts
401
English Clauses MostFavored Customer Clauses and FirstRefusal Clauses in International Contracts
493
Assignment Clauses
537
Termination Clauses
565
PostContractual Obligations in International Contracts
597
Final Observations
621
List of Members
641
Reference to Original Publications
645
Index
647

Hardship Clauses
453

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About the author (2009)

Marcel Fontaine is Professor Emeritus, University of Louvain Law School, Belgium. Among his many accomplishments, Professor 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). Filip De Ly is Professor of private international law and comparative law at the Law Faculty of the Erasmus University Rotterdam where he teaches both subjects and is doing research on international business law and international commercial arbitration.

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