International Commercial Agreements: An Edinburgh Law Guide

By Michala Meiselles | Go to book overview

3
International Sales Agreements

Contents
Overview68
Glossary68
I The law applicable to a sales agreement69
II International law applicable to international sales of goods70
III English law governing international sales of goods70
IV Trade terms75
V Incoterms®75
VI Trade terms under English law76
VII Checklist of provisions82
VIII Front of the contract83
IX Body of the contract83
X Boilerplate clauses102
XI Back of the contract102
Summary103
Useful links103
Further reading103
Notes104
OverviewThis chapter explores the following topics:
the law applicable to a sales agreement
international and English law applicable
to international sales of goods
trade terms generally and Incoterms®
specifically.
It also examines the main provisions that
an international sales agreement should
include, discussing the purpose and
wording of each provision.By the end of the chapter the reader will
have a better understanding of
the law governing international sales of
goods;
the role of trade terms and the manner
in which these trade terms operate;
which provisions should be included in
international sales agreements;
the purpose of each provision; and
the proposed wording of each provision.

Bearer bill of lading A negotiable bearer document that can be transferred from one party to another by mere delivery of the document.

Bill of lading An instrument issued by the ocean carrier to the shipper.

Conflict of laws rules (also known as rules of private international law)1 Rules used by the arbiter in order to determine the law applicable to a dispute.

Documents against payment An arrangement by which the seller agrees to deliver a bill of lading to a bank situated in the country of the buyer, in turn enabling the buyer to confirm that the goods have in fact been shipped.

-68-

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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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