International Commercial Agreements And Electronic Commerce

Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.

Revision of the author's International commercial agreements.

Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.

The Law of E-Commerce E-Contracts , E-Business Electronic commerce raises some legal issues, including whether the contract must be in a particular form or authenticated; validity, time and place of communication; cross-offers and battle of forms. This book analyses the legal problems relating to contracts formed on the Internet, including the use of electronic agents, the enforceability of clickwrap agreements, electronic payments, and choice-of-law and jurisdiction issues. These issues are considered from the UK common law point of view and according to the SICG, UNIDROIT Principles, PECL, UNCITRAL Model Law, and the Uniform Commercial Code.

Well-known since its first edition for its lucid explanation of the important concepts affecting international commercial agreements in terms that a lawyer or business executive new to the field can understand and use - rather than the legal jargon of experts talking to other experts - this incomparable work provides basic, precise information on setting up and performing international trade transactions. Its focus reflects the reality of the day-to-day business of international trade, which is primarily an undertaking between two private businesses based on a contract drafted and negotiated between the two parties for performance by them with occasional third-party assistance.Reinforcing the book's concentration on the private dimensions of international trade, and more precisely on the contractual aspects of that trade, the Fourth Edition extends its coverage to the newest growing dimensions of the field, with new chapters on intellectual property, international electronic commerce, etc

The rapid growth in the use of Internet-based computer technol's. & the ability to conduct bus. via the Internet has brought about important changes not only in the way co's. do bus. with each other but also in the way they interact with consumers in different countries. This borderless aspect of international electronic commerce (IEE) creates a wider marketplace that facilitates new transactions & bus. relationships. However, it raises a number of questions, from the technical to the policy-related, which this report addresses. Chapters: defining IEE; collecting U.S. gov't. data on IEE; removing obstacles & facilitating IEE; adapting commercial & legal frameworks; & addressing barriers through international trade agreements & negotiations. Charts & tables.

The use of electronic commerce in international trade is growing by leaps and bounds. No one can dispute the need for a system of rules to guide countries as well as private commercial parties through the many new developments and issues that arise. The United Nations Convention on the Use of Electronic Communications in International Contracts (ECC), adopted by the United Nations General Assembly in December 2005 and currently undergoing the ratification process, provides such a system. This book is a guide and resource on the Convention: its evolution, interpretation, and relationship to domestic laws throughout the world.The book represents the outcome of a conference held at the Leibniz University of Hannover in September 2007. It consists of an introduction to the drafting of the Convention, expert commentary on each article, and perspectives in the context of domestic and substantive law. A distinguished panel of authorities representatives of governments, international organizations, transnational companies, and universities, as well as practising attorneys, all of whom have been active domestically and internationally in confronting the legal issues of electronic commerce discuss such aspects of the ECC as the following: timing of dispatch and receipt of electronic communications; transactions related to the financial sector; altering the scope of the Convention by contract; 'opting in' and 'opting out'; 'choice of law' versus 'party autonomy'; use of foreign case law to interpret the Convention; legal information requirements; writing and signature requirements; error in electronic communications; and problems of identity and data integrity.Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria.The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.