A practical guide, with ICC model contracts
|
|
- Myron Dalton
- 6 years ago
- Views:
Transcription
1 THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti
2 Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti
3 Drafting and Negotiating International Commercial Contracts Third Edition. Printed September International Chamber of Commerce All rights reserved. ICC holds all copyright and other intellectual property rights in this work. No part of this work may be reproduced, distributed, transmitted, translated or adapted in any form or by any means, except as permitted by law, without the written permission of ICC. Permission can be requested from ICC through ICC Services Publications Department avenue du Président Wilson Paris France ICC Publication No. 788E ISBN:
4 Contents FOREWORD...9 CHAPTER 1 INTRODUCTION SCOPE OF THIS BOOK The addressees: traders and non-specialized lawyers Issues not covered INTERNATIONAL AND DOMESTIC CONTRACTS: MAIN DIFFERENCES THE BASIC ISSUES: APPLICABLE LAW AND JURISDICTION Applicable law Jurisdiction Conclusion THE CENTRAL ROLE OF THE CONTRACT The various aspects of party autonomy (contractual freedom) The parties contractual freedom is not unlimited THE ROLE OF THE LAWYER DEALING WITH INTERNATIONAL CONTRACTS MAIN ORGANIZATIONS ACTIVE IN INTERNATIONAL COMMERCIAL LAW The United Nations Commission on International Trade Law (UNCITRAL) The International Chamber of Commerce The International Institute for the Unification of Private Law (UNIDROIT) The Hague Conference on Private International Law Other organizations THE STRUCTURE OF THIS BOOK THE PRESENTATION METHOD...19 CHAPTER 2 THE APPLICABLE LAW THE NEED TO DISTINGUISH BETWEEN APPLICABLE LAW AND JURISDICTION THE IMPORTANCE OF DETERMINING THE APPLICABLE LAW TWO ALTERNATIVES: TRADITIONAL APPROACH V LEX MERCATORIA THE RULES OF PRIVATE INTERNATIONAL LAW (CONFLICTS OF LAW) The problems arising from the lack of uniformity The Rome Convention of 1980 and the Rome I Regulation (593/2008) Private international law rules and international arbitration THE LAW APPLICABLE IN THE ABSENCE OF A CHOICE BY THE PARTIES Which criteria will be used for the determination of the applicable law? The criteria contained in the Rome Convention The criteria contained in Rome I Regulation The main problem for business: lack of predictability...31 INTERNATIONAL CHAMBER OF COMMERCE (ICC) 3
5 2.6 THE CHOICE OF THE GOVERNING LAW The principle of freedom of choice Cases where the freedom of choice is limited Special problems: exclusion of mandatory rules; dépeçage How to draft the choice of law clause THE EFFECTIVENESS OF THE CHOICE OF THE GOVERNING LAW Simply mandatory rules and internationally mandatory rules National laws implementing European directives: the Ingmar case Application of internationally mandatory rules by courts (and arbitrators) THE DIRECT APPLICATION OF TRANSNATIONAL RULES The theory of lex mercatoria The UNIDROIT Principles The combination of lex mercatoria and UNIDROIT Principles THE OPTIONS FOR THE CHOICE OF THE GOVERNING LAW Choice of the law of its own country Choice of the law of the other party Choice of the law of a third country Lex mercatoria and similar solutions No choice at all...55 CHAPTER 3 THE METHODS FOR SOLVING DISPUTES THE IMPORTANCE OF DISPUTE RESOLUTION THE MAIN OPTIONS The choice between arbitration or ordinary jurisdiction Mediation and ADR The ICC Mediation rules...64 CHAPTER 4 INTERNATIONAL ARBITRATION THE LEGAL FRAMEWORK THE NEW YORK CONVENTION OF The fundamental principles of the Convention The arbitrability issue Problems arising in connection with public policy DIFFERENT TYPES OF ARBITRATION The distinction between ad hoc and institutional arbitration Arbitration under the UNCITRAL Rules Institutional arbitration ICC ARBITRATION The ICC International Court of Arbitration and the Secretariat The ICC arbitration rules The costs of ICC arbitration DRAFTING THE ARBITRATION CLAUSE The formal requirement of the arbitration clause: agreement in writing The essential elements of an arbitration clause Some typical errors frequently found in arbitration clauses The optional elements of the arbitration clause INTERNATIONAL CHAMBER OF COMMERCE (ICC)
6 CHAPTER 5 LITIGATION BEFORE ORDINARY (NATIONAL) COURTS INTERNATIONAL CONTRACTS AND NATIONAL JURISDICTIONS THE DOMESTIC RULES ON JURISDICTION THE RULES APPLICABLE IN THE EUROPEAN AREA The rules on international jurisdiction Choice of jurisdiction clauses The rules regarding lis pendens THE HAGUE CONVENTION OF 2005 ON CHOICE OF COURT AGREEMENTS Scope of application Exclusive choice of court agreements Recognition and enforcement Conclusions STRATEGIES FOR THE APPROPRIATE CHOICE OF JURISDICTION Choice of forum in favour of its own courts Exclusive and non-exclusive jurisdiction clauses Drafting choice of forum clauses Formal requirements of jurisdiction clauses Effectiveness of the choice of forum clauses CHAPTER 6 DRAFTING, NEGOTIATING AND CONCLUDING INTERNATIONAL CONTRACTS WHY NEGOTIATE AND DRAFT A CONTRACT? The trend towards self-sufficient contracts Oral and written contracts Letters of intent and similar documents PREPARING FOR THE NEGOTIATION OF AN INTERNATIONAL CONTRACT Identifying the legal framework where the contract is to be situated Establishing a draft in view of the negotiation THE NEGOTIATION STAGE The approach to negotiation The ICC Principles to facilitate commercial negotiation The role of the lawyer in the course of negotiation The recourse to local lawyers Responsibility of the parties during negotiation Agreeing upon special rules for negotiation DRAFTING THE CONTRACT The trend towards common drafting standards The basic requirements of a well-drafted contract Drafting techniques commonly used in international contracts The language of the contract CLAUSES FREQUENTLY USED IN INTERNATIONAL CONTRACTS Force majeure Hardship Penalty/liquidated damages Requirement of written form for modifications Partial nullity INTERNATIONAL CHAMBER OF COMMERCE (ICC) 5
7 6.5.6 Non-waiver clauses Clauses excluding liability for consequential damages CONCLUDING THE CONTRACT The domestic rules of formation of contracts and resulting problems Rules on the formation of contracts in the CISG and UNIDROIT Principles Conclusion of contracts and general conditions Effectiveness of clauses contained in general conditions Clauses governing the entry into force of the contract CHAPTER 7 THE ICC MODEL FORMS THE ICC MODEL CONTRACTS IN GENERAL The various model forms published by ICC General characteristics of the ICC models AN OVERVIEW OF THE MODEL FORMS NOT INCLUDED IN THIS BOOK CONTRACTS OF SALE The UN Convention on the International Sale of Goods (CISG) Incoterms The ICC Model International Sale Contract Model Form ICC International Sale Contract (Manufactured Goods) Model Form International Sale Contract AGENCY AND DISTRIBUTORSHIP AGREEMENTS Organizing distribution of products abroad Contracts with commercial agents The ICC Model Commercial Agency Contract (long form) Text of the ICC Model Commercial Agency Contract (long form) The ICC Model Commercial Agency Contract (short form) Text of the ICC Model Commercial Agency Contract (short form) The ICC Model Distributorship Contract (long form) Model Form of International Sole Distributorship Contract The ICC Model Distributorship Contract (short form) Text of the ICC Model Distributorship Contract (short form) APPENDIX I REGULATION (EC) NO 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I) APPENDIX II UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS APPENDIX III INCOTERMS 2010 WALLCHART APPENDIX IV ICC FORCE MAJEURE AND HARDSHIP CLAUSES APPENDIX V ICC ARBITRATION AND MEDIATION RULES INTERNATIONAL CHAMBER OF COMMERCE (ICC)
8 APPENDIX VI DEVELOPING NEUTRAL LEGAL STANDARDS FOR INTERNATIONAL CONTRACTS A-NATIONAL RULES AS THE APPLICABLE LAW IN INTERNATIONAL COMMERCIAL CONTRACTS WITH PARTICULAR REFERENCE TO THE ICC MODEL CONTRACTS APPENDIX VII ICC PRINCIPLES TO FACILITATE COMMERCIAL NEGOTIATION ABOUT THE AUTHOR ICC PUBLICATIONS ABOUT THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) INTERNATIONAL CHAMBER OF COMMERCE (ICC) 7
A practical guide, with ICC model contracts
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
More informationARBITRATION RULES MEDIATION RULES
ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More information1) ICC ADR proceedings are flexible and party-controlled to the greatest extent possible.
Guide to ICC ADR Contents Part 1: Introduction... 1 Characteristics of ICC ADR... 1 Overview of the Rules... 2 Part 2: Analysis of the ICC ADR Rules... 3 Preamble... 3 Article 1: Scope of the ICC ADR Rules...
More informationCrossing Borders: Adventures in Transnational Legal Research
University of Georgia School of Law Digital Commons @ Georgia Law Continuing Legal Education Presentations March 19, 2012 Mar 19th, 12:30 PM - 1:15 PM Crossing Borders: Adventures in Transnational Legal
More informationThe CISG at 35: its Assessment as a Treaty and as a Legislative Model
The CISG at 35: its Assessment as a Treaty and as a Legislative Model Luca Castellani Legal Officer, Secretariat Assessing the CISG Series of events to celebrate the 35 th anniversary of the CISG (ongoing)
More informationGeneral Assembly. United Nations A/CN.9/WG.II/WP.188
United Nations A/CN.9/WG.II/WP.188 General Assembly Distr.: Limited 23 December 2014 Original: English/French United Nations Commission on International Trade Law Working Group II (Arbitration and Conciliation)
More informationOut-of-court dispute settlement systems for e-commerce
1 Out-of-court dispute settlement systems for e-commerce Report on legal issues Part IV: Arbitration 31 st October 2000 2 Title: Out-of-court dispute settlement systems for e- commerce. Report on legal
More informationThe United Nations Convention on Contracts for the International Sale of Goods (CISG)
Rechtswissenschaftliche Fakultät Institut für Zivilrecht Wintersemester 2017 KU UN-Kaufrecht Uniform Sales Law The United Nations Convention on Contracts for the International Sale of Goods (CISG) José
More informationJAN RAMBERG. Methodology of the unification of commercial law in the 2000 s
JAN RAMBERG Methodology of the unification of commercial law in the 2000 s RGSL WORKING PAPERS NR.2 RIGA 2001 2 Riga Graduate School of Law (RGSL) is a not-for-profit, limited liability company founded
More informationAnti-Corruption Drafting
THE UNIVERSITY OF TEXAS SCHOOL OF LAW Presented: International Upstream Energy Transactions Conference January 30 th, 2014 Houston, Texas Anti-Corruption Drafting D. Marie Wagner Anadarko Petroleum Corporation
More informationArbitration rules. International Chamber of Commerce. The world business organization
Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011
More informationLaw of International Contracting
KLUWER LAW INTERNATIONAL Law of International Contracting Second Edition Larry A. DiMatteo B.A., B.A., J.D., LL.M., Ph.D. Huber Hurst Professor of Contract Law & Legal Studies University of Florida Warrington
More informationIDI. International Distribution Institute REPORT ON THE 2006 IDI CONFERENCE CURRENT ISSUES OF INTERNATIONAL DISTRIBUTION LAW
IDI REPORT ON THE 2006 IDI CONFERENCE CURRENT ISSUES OF INTERNATIONAL DISTRIBUTION LAW [Drafting and negotiating choice of law and choice of jurisdiction clauses in agency, distribution and franchising
More informationCross Border Contracts and Dispute Settlement
Cross Border Contracts and Dispute Settlement Professor Dr. Dr. h.c. mult. Helmut Rüßmann Former Judge at the Saarland Court of Appeals Cross Border Contract of Sale Buyer France Claim for Payment Germany
More information5 TH INTERNATIONAL ADR MOOTING COMPETITION
5 TH INTERNATIONAL ADR MOOTING COMPETITION 28 JULY-02 AUGUST 2014 HONG KONG Before China International Economic and Trade Arbitration Commission (CIETAC), for Arbitration between CLAIMANTS Conglomerated
More informationUniversity of Oslo Spring 2019 International Commercial Law
University of Oslo Spring 2019 International Commercial Law Choice of governing law Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University Conflict of laws International transactions: Between
More informationThe O.H.A.D.A.C. Principles on International Commercial Contracts: A European Perspective.
Peter Klik, The O.H.A.D.A.C. Principles on International Commercial Contracts: A European Perspective. Let me start by saying what an honor it is to be here and address this conference. Unification of
More informationPRACTICAL LAW DISPUTE RESOLUTION VOLUME 1 MULTI-JURISDICTIONAL GUIDE 2012/13. The law and leading lawyers worldwide
PRACTICAL LAW MULTI-JURISDICTIONAL GUIDE 2012/13 VOLUME 1 The law and leading lawyers worldwide Essential legal questions answered in 32 key jurisdictions Rankings and recommended lawyers in 90 jurisdictions
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONGKONG 2012 MEMORANDUM FOR RESPONDENT TEAM NUMBER 005 TABLE OF CONTENT LIST OF ABBREVIATIONS... 4 INDEX OF AUTHORITIES... 6 1. Treaties, Conventions, Laws and
More informationSome Remarks on the UNCITRAL Model Law on International Commercial Conciliation
Some Remarks on the UNCITRAL Model Law on International Commercial Conciliation José Maria Abascal Zamora (*) I. Introduction In this paper I will make a few reflections on the purposes of the making of
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG - AUGUST 2011 MEMORANDUM FOR RESPONDENT Team Number: 180 TABLE OF CONTENTS INDEX OF ABBREVIATIONS...ii INDEX OF AUTHORITIES... 1 INDEX OF CASES AND AWARDS...
More informationANSWER TO THE REQUEST FOR ARBITRATION [NOTE: OR ANSWER TO THE REQUEST FOR ARBITRATION AND COUNTERCLAIMS, IF
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE ICC SECRETARIAT ] IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE
More informationMyths of Brexit. Speech at Brexit Conference in Hong Kong. The Right Honourable Lord Justice Hamblen. 2 December 2017
Myths of Brexit Speech at Brexit Conference in Hong Kong The Right Honourable Lord Justice Hamblen 2 December 2017 This was a Conference organised by the Hong Kong Department of Justice entitled: Impact
More informationApplicable Law. International Commercial Arbitration and International Sales Law. Anastasiia Rogozina, LL.M., к. ю. н.
Applicable Law International Commercial Arbitration and International Sales Law Anastasiia Rogozina, LL.M., к. ю. н. Schedule 18.10 What is International Commercial Arbitration? 25.10 Arbitration Agreement
More informationDispute Resolution in Romania - Before and After Accession to the European Union
International In-house Counsel Journal Vol. 2, No. 6, Winter 2009, 935 939 Dispute Resolution in Romania - Before and After Accession to the European Union ANDREEA CHIRITA Legal Counsel, Ministry of Economy
More informationBelow are standard clauses for use by parties who wish to set up and operate a dispute board under the Rules contained in this booklet.
STANDARD ICC DISPUTE BOARD CLAUSES 05 standard icc dispute board clauses Below are standard clauses for use by parties who wish to set up and operate a dispute board under the Rules contained in this booklet.
More informationMEMORANDUM FOR RESPONDENT
SECOND ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDUM FOR RESPONDENT On behalf of: Freud Exporting Corporation Against: Peng Importing Corporation TEAM NO. 391 TABLE OF
More informationSettling in Mexico: The New Mexican Mediation Law
September, 2017 USMBA Conference Updating the U.S.-Mexico Partnership: Where to go from here? Settling in Mexico: The New Mexican Mediation Law By Antonio M. Prida President of the ICC Mexico Mediation
More informationThe World Intellectual Property Organization
The World Intellectual Property Organization The World Intellectual Property Organization is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property
More informationDIRECTIVE ON ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES AND REGULATION ON ONLINE DISPUTE RESOLUTION FOR CONSUMER DISPUTES
3-2013 June, 2013 DIRECTIVE ON ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMER DISPUTES AND REGULATION ON ONLINE DISPUTE RESOLUTION FOR CONSUMER DISPUTES June 18, 2013 saw the publication in the Official Journal
More information4 th Judicial Dialogue Contemporary Issues in International Trade and Investment Law in ASEAN
4 th Judicial Dialogue Contemporary Issues in International Trade and Investment Law in ASEAN The CISG (The UN Convention on Contracts for the International Sale of Goods) by Gary F. Bell National University
More informationLegal Aspects of an E-Commerce Transaction
Legal Aspects of an E-Commerce Transaction Legal Aspects of an E-Commerce Transaction International Conference in The Hague 26 and 27 October 2004 Andrea Schulz (Ed.) Sellier. European Law Publishers
More informationProf. Andrea Moja. Academic year 2012/2013. LIUC University Castellanza
Prof. Andrea Moja LIUC University Castellanza 1 The course is designed to provide a reference framework relating to international agreements, focusing on the main contracts of the trade practice, with
More informationAVOIDANCE UNDER THE CISG AND ITS CHALLENGES UNDER INTERNATIONAL ORGANIZATIONS COMMERCIAL TRANSACTIONS. Sandra Saiegh * 1.
AVOIDANCE UNDER THE CISG AND ITS CHALLENGES UNDER INTERNATIONAL ORGANIZATIONS COMMERCIAL TRANSACTIONS Sandra Saiegh * 1. INTRODUCTION This paper was originally presented in a draft form at the CISG 1 25th
More informationJudicial Cooperation in Civil and Commercial Matters
Judicial Cooperation in Civil and Commercial Matters Ministry of Justice and Public Administration Department for International Legal Assistance in Civil Matters Regulation (EC) No 1393/2007 of the European
More informationLitigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights
Pace International Law Review Volume 19 Issue 1 Spring 2007 Article 4 April 2007 Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights Roy Goode Follow this
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG AUGUST 2012 MEMORANDUM FOR RESPONDENT TEAM CODE: 013 On Behalf Of: CHAN MANUFACTURING Against: LONGO IMPORTS TABLE OF CONTENTS INDEX OF ABBREVIATIONS...
More informationTHIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT
THIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT On behalf of: Against: Chan Manufacturing Longo Imports PO Box 111 PO Box 234 Cadenza Minuet
More informationJapan. Country Q&A Japan. Hiroyuki Tezuka and Masako Yajima, Nishimura & Partners. Country Q&A COURTS GENERAL AND GOVERNING LAW
Japan Japan Hiroyuki Tezuka and Masako Yajima, Nishimura & Partners www.practicallaw.com/a47292 GENERAL AND GOVERNING LAW COURTS 1. Please give a brief overview of general trends in the use of courts,
More informationSIXTH ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION
SIXTH ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION 5 JULY 10 JULY 2016 HONG KONG In the matter of: Albas Watchstraps Mfg. Co. Ltd. CLAIMANT v. Gamma Celltech Co. Ltd. RESPONDENT
More informationREQUEST FOR ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT)
More informationNew Expert Rules launched by the ICC
Colin Johnson, Head of International Arbitration in the Forensic team Grant Thornton UK LLP Barry Fletcher, Solicitor, and Dispute Resolution A division of Reed Elsevier (UK) Ltd. Registered office 1-3
More informationDocuments Supplement for Global Business Law: Principles and Practices
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1999 Documents Supplement for Global Business Law: Principles and Practices David Frisch University of Richmond,
More informationThe Rules Protecting Commercial Agents in the European Directive and in the Laws of the Member States A General Overview
The Rules Protecting Commercial Agents in the European Directive and in the Laws of the Member States A General Overview Horst Becker Rechtsanwalt Munich, Germany The Rules Protecting Commercial Agents
More informationContents. Gillette, Clayton The UN Convention on Contracts for the International Sale of Goods. digitalisiert durch: IDS Basel Bern
Preface page xi ι The CISG: history, methodology, and construction ι I The CISG as a set of commercial default rules ι II The history and structure of the CISG 4 III CISG methodology and the limits of
More informationB. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions
B. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions By: Ava J. Borrasso, Founder, Ava J. Borrasso, P.A., Miami Litigators called to analyze contract disputes
More informationMEMORANDUM FOR CLAIMANT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG - AUGUST 2010 MEMORANDUM FOR CLAIMANT Team Number: 297 TABLE OF CONTENTS INDEX OF ABBREVIATIONS.. iv INDEX OF AUTHORITIES.v INDEX OF CASES AND AWARDS.
More informationOverview of the application of the UNIDROIT Principles of International Commercial Contracts in national courts of the Russian Federation
Overview of the application of the UNIDROIT Principles of International Commercial Contracts in national courts of the Russian Federation Made by Yulia Shabalina MGIMO The nature of the UNIDROIT Principles
More informationObjections Update with the ICC!!
Objections Update with the ICC!! 9 January 2014! Trang Nguyen Director, gtld Operations Generic Domains Division Webinar Information! US Toll-free: 1-877-941-1227 US Toll: 1-480-629-9656 International
More informationProviding a crossborder. cooperation framework A FUTURE PARTNERSHIP PAPER
Providing a crossborder civil judicial cooperation framework A FUTURE PARTNERSHIP PAPER The United Kingdom wants to build a new, deep and special partnership with the European Union. This paper is part
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More informationNEW GENERIC TOP-LEVEL DOMAIN NAMES ( gtld ) DISPUTE RESOLUTION PROCEDURE OBJECTION FORM TO BE COMPLETED BY THE OBJECTOR
International Centre for Expertise Centre international d'expertise NEW GENERIC TOP-LEVEL DOMAIN NAMES ( gtld ) DISPUTE RESOLUTION PROCEDURE OBJECTION FORM TO BE COMPLETED BY THE OBJECTOR Objections to
More informationEXemptions for the non-performance of contractual obligations in cisg article 79
EXemptions for the non-performance of contractual obligations in cisg article 79 Exemptions for the non-performance of contractual obligations in cisg article 79 The Quest for Uniformity in International
More informationDrafting and Negotiating an International Contract. Distribution Agreements
Drafting and Negotiating an International Contract Distribution Agreements Legal Framework Governing the Contract Choice of Law / Options for Italian wine exporter and U.S. importer/distributor Arbitration
More informationSCC ARBITRAL AWARDS
1999 2003 Sigvard Jarvin and Annette Magnusson EDITORS JurisNet Questions About This Publication For assistance with shipments, billing or other customer service matters, please call our Customer Services
More informationPrinciples on Choice of Law in International Commercial Contracts (Hague Principles)
2015/SOM3/EC/WKSP4/012 Session 11 Principles on Choice of Law in International Commercial Contracts (Hague Principles) Submitted by: HCCH Workshop on Effective Enforcement of Business Contracts and Efficient
More informationNagoya, ABS and Dispute Resolution N.L.S I.U. Addressing the space of Private International Law. Sai Ramani Garimella Faculty of Legal Studies
Nagoya, ABS and Dispute Resolution Addressing the space of Private International Law Sai Ramani Garimella Faculty of Legal Studies Nagoya Ensuring Legal Certainity attempts at greater legal certainty and
More informationVorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law
Prof. Dr. Alexander Trunk Vorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law Winter term (WS) 2015-2016 http://eastlaw.uni-kiel.de 20.10.2015: Basic questions and structures
More informationJuliette Luycks. Key Considerations Sample Arbitration Clauses Pathological Clause Model Clauses
International Commercial Arbitration seminar Juliette Luycks São Tomé and Príncipe 4 6 October 2011 Overview Key Considerations Sample Arbitration Clauses Pathological Clause Model Clauses Check List Elements
More informationDispute Board Rules. in force as from 1 September Standard ICC Dispute Board Clauses. Model Dispute Board Member Agreement
Dispute Board Rules in force as from September 004 with Standard ICC Dispute Board Clauses Model Dispute Board Member Agreement International Chamber of Commerce 8 cours Albert er 75008 Paris - France
More informationDispute Resolution Around the World. Italy
Dispute Resolution Around the World Italy 2011 Dispute Resolution Around the World Italy Dispute Resolution Around the World Italy Table of Contents 1. Legal System... 1 2. Courts... 1 3. Legal Profession...
More informationCORRUPTION IN INTERNATIONAL TRADE AND COMMERCIAL ARBITRATION
International Arbitration Law Library CORRUPTION IN INTERNATIONAL TRADE AND COMMERCIAL ARBITRATION by ABDULHAY SAYED LL.B. (Damascus), LL.M (Harvard) DES, Ph.D. (IUHEI - Geneva) KLUWER LAW INTERNATIONAL
More informationTHE RT HON. THE LORD THOMAS OF CWMGIEDD
THE RT HON. THE LORD THOMAS OF CWMGIEDD OPENING OF THE BUSINESS AND PROPERTY COURTS FOR WALES CARDIFF CIVIL JUSTICE CENTRE 24 July 2017 1. It is a privilege and a great pleasure to be in the other capital
More informationA Comparison of Selected International Arbitration Rules
VOL. 26 NO. 5 MAY 2008 ALTERNATIVES 91 A Comparison of Selected International Arbitration Rules BY STEVEN A. CERTILMAN Below is a comparison of the latest international arbitration rules from five major
More informationNetherlands Arbitration Institute Interim Award of 10 February 2005
Published at Yearbook Comm. Arb'n XXXII, Albert Jan van den Berg, ed. (Kluwer 2007) 93-106. Copyright owner: The International Council of Commercial Arbitration (ICCA). Reprinted with permission of ICCA.
More informationAdvisory Committee on Enforcement
E WIPO/ACE/12/8 REV. ORIGINAL: ENGLISH DATE: SEPTEMBER 1, 2017 Advisory Committee on Enforcement Twelfth Session Geneva, September 4 to 6, 2017 THE WORK OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED. Alternative Dispute Resolution (ADR) Information Guide
SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Alternative Dispute Resolution (ADR) Information Guide Adapted by permission from the Administrative Office of the Courts publication: Alternative Dispute
More informationMODEL PROCEDURAL TIMETABLE
Procedural Timetable - ICC Arbitration *****/*** 1 MODEL PROCEDURAL TIMETABLE DISCLAIMER This model is intended solely to assist arbitrators acting in ICC arbitrations in the drafting of the Procedural
More informationConvention providing a Uniform Law on the Form of an International Will (Washington, D.C.1973)
Convention providing a Uniform Law on the Form of an International Will (Washington. D.C., 26 October 1973) pagina 1 van 5 The States signatory to the present Convention, DESIRING to provide to a greater
More informationINTERACTION between BRUSSELS I bis, ROME I AND ROME II
1 This project is co-financed by the European Union INTERACTION between BRUSSELS I bis, ROME I AND ROME II All three Regulations: No 593/2008 of the European Parliament and of the Council of 17 June 2008
More informationInternational Dispute Resolution
International Dispute Resolution Cincinnati Bar Association International Law Committee November 17, 2016 Presentation Team Richard D. Porotsky, Jr. Partner Dinsmore & Shohl LLP P: (513) 977-8256 richard.porotsky@dinsmore.com
More informationADR in P.R. China. Zheng Rungao
ADR in P.R. China Zheng Rungao This article is to provide a very brief introduction to the development of Alternative Dispute Resolution (ADR) in China. The principal focus of it is the definition and
More informationPHILIPPINES RULES & REGULATIONS ON VOLUNTARY LICENSING October 02, 1998
PHILIPPINES RULES & REGULATIONS ON VOLUNTARY LICENSING October 02, 1998 TABLE OF CONTENTS PART 1 DEFINITIONS Rule 1 Definition of Terms Rule 2 Prohibited Clauses Rule 3 Mandatory Provisions PART 2 REGISTRATION
More informationAct on Alternative Dispute Resolution in Connection with Consumer Complaints (Act on Consumer Complaints)1)
ACT No. 524 of 29-04-2015 (Applicable) Date of print: 30 April 2015 Ministry: Danish Ministry of Business and Growth File no: Danish Ministry of Business and Growth, The Danish Competition and Consumer
More informationGuide to WIPO Services
World Intellectual Property Organization Guide to WIPO Services Helping you protect inventions, trademarks & designs resolve domain name & other IP disputes The World Intellectual Property Organization
More informationLaw & Practice: p.423. Contributed by Ajumogobia & Okeke. Trends & Developments: p.434. Contributed by Udo Udoma & Belo-Osagie
NIGERIA Law & Practice: p.423 Contributed by Ajumogobia & Okeke The Law & Practice sections provide easily accessible information on navigating the legal system when conducting business in the jurisdiction.
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More informationThe Role of Conciliation, Contract Modification and Expert Appraisal in Settling International Commercial Disputes
Berkeley Journal of International Law Volume 4 Issue 2 Fall Article 6 1986 The Role of Conciliation, Contract Modification and Expert Appraisal in Settling International Commercial Disputes Sigvard Jarvin
More informationInternational Commercial Arbitration
International Commercial Arbitration The Arbitration Agreement Mag. Florian Haugeneder LL.M. knoetzl.com Introduction An arbitration agreement is the foundation of almost every arbitration. Jurisdiction
More informationPART I: SAMPLE AGREEMENT AND CLAUSES
Table of Contents PREFACE xxi PART I: SAMPLE AGREEMENT AND CLAUSES CHAPTER I: CISG: TAKING THE LEAP INTO DRAFTING 3 -V. Susanne Cook, Cohen & Grigsby P.C. I. Introduction 3 II. Comments on the Attached
More informationMEMORANDUM FOR RESPONDENT
MEMORANDUM FOR RESPONDENT ON BEHALF OF CHAN MANUFACTURING AGAINST LONGO IMPORTS TEAM NUMBER: 015 TABLE OF CONTENTS TABLE OF CONTENTS... I ABBREVIATIONS... III INDEX OF AUTHORITIES... V ARGUMENT... 1 I.
More informationGeneral Assembly. United Nations A/CN.9/SER.C/ABSTRACTS/109. Contents. United Nations Commission on International Trade Law * *
United Nations A/CN.9/SER.C/ABSTRACTS/109 General Assembly Distr.: General 7 June 2011 Original: English United Nations Commission on International Trade Law CASE LAW ON UNCITRAL TEXTS (CLOUT) Contents
More informationWorld Intellectual Property Organization
WIPO Special Update on WIPO Alternative Dispute Resolution GRUR Annual Meeting Hamburg September 27-30, 2017 Erik Wilbers, WIPO Arbitration and Mediation Center World Intellectual Property Organization
More informationARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION. By Patrik Lindfors 1
ARBITRATION IN FINLAND CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION By Patrik Lindfors 1 Nordic Journal of Commercial Law issue 2003 #1 1 Patrik Lindfors is Attorney at law and Partner, heading Dispute
More informationTHE ARBITRATION IN THE HUNGARIAN LAW
THE ARBITRATION IN THE HUNGARIAN LAW Zsuzsa WOPERA 1. A separate act, Act LXXI of 1994 on arbitration (hereinafter called: the Aa) regulates the arbitral proceedings. This Act, has come into force in 1994,
More informationITC MODEL CONTRACT FOR AN INTERNATIONAL COMMERCIAL AGENCY
ITC MODEL CONTRACT FOR AN INTERNATIONAL COMMERCIAL AGENCY EXTRACT FROM "MODEL CONTRACTS FOR SMALL FIRMS" GENEVA 2010 Contents Foreword Acknowledgements Introduction iii v ix Chapter 1 International Contractual
More informationHow international arbitration should be understood in Vietnamese law?
How international arbitration should be understood in Vietnamese law? PROF, DR LE HONG HANH, Member of the Permanent Bureau, VLA 1. OVERVIEW ON DEVELOPMENT OF ARBITRATION Arbitration appeared in Vietnam
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG - AUGUST 2010 MEMORANDUM FOR RESPONDENT Team Number: 297 TABLE OF CONTENTS INDEX OF TERMS AND ABBREVIATIONS... 3 INDEX OF ARBITRAL AWARDS AND JUDICIAL
More informationSource: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000)
Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) The Arbitration and Conciliation Act, 1996 (No. 26 of 1996), [16th August 1996] India An Act
More informationEUROPEAN UNION. Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
More informationbb) General Principles external to the CISG: Lex Mercatoria and the PICC
Part I. Chapter II. General Provisions Art. 7 place of payment of damages is the creditors place of business as derived from Art. 57(1)(a) which deals with the place of payment of the purchase price 151.
More informationSUMMARY OF THE IMPACT ASSESSMENT
EUROPEAN COMMISSION Brussels, 14.12.2010 SEC(2010) 1548 final COMMISSION STAFF WORKING PAPER SUMMARY OF THE IMPACT ASSESSMT Accompanying document to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMT
More informationTHE ICC S NEW DISPUTE BOARD RULES. CARROLL S DORGAN Jones Day Paris
THE ICC S NEW DISPUTE BOARD RULES CARROLL S DORGAN Jones Day Paris This article has been reproduced with the permission of the publisher and originally appeared in Volume 22, Part 2 of The International
More informationEnglish Law, UK Courts and UK Legal Services after Brexit
English Law, UK Courts and UK Legal Services after Brexit The View beyond 2019 English Law, UK Courts and UK Legal Services after Brexit Contents Contents Introduction and Key Points 2 The advantages of
More informationCIVIL PROCEDURE AND CIVIL LAW GLOSSARY
CIVIL PROCEDURE AND CIVIL LAW GLOSSARY Word/expression abduction access to justice acknowledgement of service acknowledgment of receipt acquiesce acta iure imperii ad litem admissibility admission of debt
More informationUnidroit, International Commercial Law, International Private Law, International Contracts
Title: The Unidroit Principles as the Law of the Contract in France and the US Information about author: Johanna Hoekstra is a PhD candidate in international commercial law at the University of Essex Abstract
More informationREGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 17 June on the law applicable to contractual obligations (Rome I)
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 2008 on the law applicable to contractual obligations (Rome I) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
More informationMEMORANDUM OF SUBMISSIONS
International Alternative Dispute Resolution Mooting Competition 2012 MEMORANDUM OF SUBMISSIONS RESPONDENT TEAM 004 On Behalf of: Against: Chan Manufacturing Longo Imports 1 TABLE OF CONTENTS TABLE OF
More informationRegulation of International Commercial Contracts: A Dilemma of Philosophical Character?
Regulation of International Commercial Contracts: A Dilemma of Philosophical Character? Giuditta Cordero-Moss 1 Introduction: The Philosophical Problem.... 000 2 Outline....... 000 3 The Gap Between Contract
More information