Drafting an International Commercial
|I Freedom of contract||36|
|III International instruments||37|
|IV Dispute resolution||37|
|V Choice of law in international agreements||39|
|VI Requirements relating to the form of the contract||43|
|VII Missing or vague terms||43|
|VIII Defined terms||43|
|IX Language of contract||44|
|X Checklist of provisions||46|
|XII Front of the contract||48|
|XIII Body of the contract||53|
|XIV Boilerplate clauses||55|
|XV Back of the contract||60|
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-
• which provisions should be included
in international commercial agreements
and the importance of each provision;
• 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.