What considerations do you need to take into account when planning an agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? Michala Meiselles answers these questions in an easy-to-use, clear and concise fashion.
1. Planning an international commercial agreement; Overview of chapter; Contractual considerations; Form of international commercial agreements; Formation of international commercial agreements; Subject matter; Illegality; Parties contracting; Capacity; Trade barriers; Dispute resolution; Need to research local law; Tort; Product Liability; Crime; Summary; 2. Drafting an International Commercial Agreement; Overview of chapter; Point of departure; Freedom to contract; Legality; International instruments governing international; agreements; CISG; Choice of law in international agreements; Requirements relating to the form of the contract; Missing or vague terms; Defined terms; Language of contract; Checklist of provisions; Structure; Cover sheet; Table of contents; Index of defined terms; Front of the contract; Title; Introductory clause; Recitals; Body of the contract; Division of text in body; Definitions clause; Boilerplate clauses; Assignment clause; Merger clause; Modification clause; Severance clause; Notice clause; Dispute resolution; Language clause; Back of the contract; Concluding clause; Signature blocks; Attachments; Summary; 3. International Sales Agreement; Overview of chapter; General provisions; Checklist of provisions; Front of the contract; Body of the contract; Summary; 4. International Distribution Agreement; Overview of chapter; Transnational sales and development of export function; Introduction; Vertical integration; Supply chain - Levels and roles; Choosing between an agent and distributor; Distribution agreement; Fundamentals of distribution; Motives and concerns of distributor; Motives and concerns of manufacturer; General provisions; Summary; 5. International Agency Agreement; Overview of chapter; Introduction; Fundamentals of agency law; Agency agreements under EU law; General provisions; Summary; 6. International Licensing Agreement; Overview of chapter; Fundamentals of intellectual property law; Principal's concerns; Licensee's concerns; General provisions; Summary.
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