International Commercial Agreements: An Edinburgh Law Guide

By Michala Meiselles | Go to book overview

2
Drafting an International Commercial
Agreement

Contents
Overview35
Glossary35
I Freedom of contract36
II Legality37
III International instruments37
IV Dispute resolution37
V Choice of law in international agreements39
VI Requirements relating to the form of the contract43
VII Missing or vague terms43
VIII Defined terms43
IX Language of contract44
X Checklist of provisions46
XI Structure47
XII Front of the contract48
XIII Body of the contract53
XIV Boilerplate clauses55
XV Back of the contract60
Summary63
Useful links63
Further reading63
Notes63
OverviewThis chapter looks at the key considerations
for the parties entering into an interna-
tional contract and sets out the main provi-
sions that such contracts should include,
discussing the purpose and wording of
each provision.By the end of this chapter the reader
will have a better understanding of
the considerations that should be borne
in mind when entering into an interna-
tional contract;
which provisions should be included
in international commercial agreements
and the importance of each provision;
and
the wording of such provisions.

Alphabetical-numeration system System of numeration that uses sequential lettering.

Arbiter The party empowered to determine the issue or issues disputed, whether this is a judge, an arbitrator or another.

Assignee The party to whom rights or obligations under the contract are assigned.

The assignee assumes all the legal rights and obligations of the assignor.

Assignment Transfer of rights or obligations under a contract to a party who is not a contracting party.

Assignor The contracting party who assigns his rights or obligations under a contract.

-35-

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International Commercial Agreements: An Edinburgh Law Guide
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgements x
  • Table of Cases xi
  • Table of Statutes xiv
  • Preface xix
  • Guide to the Book xxi
  • 1- Planning an International Commercial Agreement 1
  • 2- Drafting an International Commercial Agreement 35
  • 3- International Sales Agreements 68
  • 4- International Distribution Agreements 112
  • 5- International Agency Agreements 164
  • 6- International Licensing Agreements 230
  • 7- International Instruments Governing International Commercial Agreements 282
  • Index 312
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