LAW OF CROSS-BORDER BUSINESS TRANSACTIONS aims at giving a structured
introduction to the law and practice of investment deals (e.g.,
greenfield projects, M&As and hybrid forms) and of non-investment
transactions (e.g., trade, technology transfer and services).
Cross-border business deals are nowadays routine matters for business
entities all over the world and the related legal aspects are becoming
more and more complex. This book provides extensive general background
information. It also covers numerous specific issues of relevance in
the context of cross-border projects. Substantive law issues,
procedural aspects and skills-related considerations such as contract
drafting, structuring options and cross-cultural lawyering techniques
are included, adding up to an unusually comprehensive and useful guide
in the field.
WHAT’S IN THIS BOOK:
The author describes a wide spectrum of transaction types. He explains
underlying principles from a conceptual and a comparative point of
view with a focus on transactional issues, using case studies from a
variety of jurisdictions to demonstrate the significance of particular
aspects in the context of multi-jurisdictional legal practice. Among
much else, topics include the following:
* international lawyering and cultural diversity;
* _lex __mercatoria_;
* conflict of laws;
* letters of intent, position papers, heads of agreement,
confidentiality and exclusivity agreements;
* structure and contents of international contracts;
* e-contracts and smart contracts;
* protection of intellectual property rights and technology
transfer;
* trade, countertrade and trade financing;
* insurance;
* agency and distributorship;
* greenfield investments and M&As;
* competition law and merger control;
* employment law;
* corporate governance and corporate social responsibility;
* international taxation; and
* dispute settlement and cross-border enforcement of awards.
This second edition updates the discussion of the different topics
comprehensively. It also expands many parts and adds sections in
relation to new themes that have gained importance since the
publication of the first edition. In particular, it addresses legal
issues arising out of the digitalization of the global economy with a
special focus on choice-of-law questions, smart contracts, e-bills of
lading and online dispute settlement. It also draws attention to the
impact of China’s Belt and Road initiative, Brexit and the
‘America First’ foreign policy.
HOW THIS WILL HELP YOU:
Of special value is the author’s precise guidance on drafting
techniques and contract practice. The clarity of the presentation, the
uncompromising consistency in terms of structure and a large body of
references to primary and secondary sources presented in this edition
ensure that legal professionals, business managers and academics as
well as other interested parties can gain easy access to comprehensive
and detailed information across jurisdictions.
Les mer
Principles, Concepts, Skills
Produktdetaljer
ISBN
9789041186836
Publisert
2024
Utgave
2. utgave
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter