<i>‘An indispensable guide, </i>Advanced Introduction to International Commercial Contracts<i> masterfully bridges theory and practice, offering a truly global perspective on the intricate legal frameworks underpinning modern trade. Covering national, regional, international, and supranational dimensions, this book provides deep insights into contract negotiation, drafting, performance, and dispute resolution. A must-read for students, legal professionals, and business leaders seeking clarity in the complex world of cross-border commerce.’</i>

- Soterios Loizou, University of Cambridge and King’s College London, UK,

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.



This concise textbook takes a practical and comparative look at international commercial contracts, covering everything from formation and negotiation to enforcement and dispute resolution. It lays out the essentials (offer and acceptance, consideration, party autonomy, and contract interpretation across different legal traditions) while breaking down the complexities of governing law selection and private international law. Instead of centring on a single jurisdiction, it provides comparative insights into major economies and key commercial hubs. Readers will find analysis of common law, civil law, and hybrid systems, along with discussions on how international instruments such as the CISG, UNCITRAL, and UNIDROIT principles shape cross-border agreements.



The book breaks down dispute resolution strategies, covering arbitration, litigation, and international commercial courts, along with the use of forum selection clauses, arbitration clauses, mediation, and hybrid approaches. This Advanced Introduction also provides a thorough analysis of non-waiver clauses, severability, and enforcement mechanisms, helping to ensure contracts hold up across different legal systems. Also considered are force majeure, hardship, penalty, and liquidated damages clauses, showing how these provisions help for the unexpected.



For legal practitioners, business professionals, and students, this book is more than just a reference; it is a practical guide to structuring, negotiating, and enforcing international contracts with confidence.

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Contents 1 Introduction to international commercial contracts 1 PART I THE FOUNDATIONS OF COMMERCIAL CONTRACTS Introduction to Part I 15 2 The Importance and Formation of Commercial Contracts 17 3 Determining the Governing Law: Key Issues and Principles 39 4 Practical Approaches to Choosing the Governing Law 55 PART II RESOLVING COMMERCIAL CONTRACT DISPUTES Introduction to Part II 74 5 Dispute Resolution Clauses in Commercial Contracts 75 6 The Role of International Arbitration in Contract Disputes 92 7 Litigation in National Courts: Procedures and Implications 105 8 The Emergence and Function of Hybrid Courts 123 PART III STRUCTURING AND REFINING INTERNATIONAL COMMERCIAL CONTRACTS Introduction to Part III 136 9 Strategic Negotiation of International Contracts 137 10 Addressing Risk Allocation and Unforeseen Events: Force Majeure, Hardship, Penalty and Liquidated Damages 151 11 Ensuring Contract Integrity: Partial Nullity, NonWaiver Clauses, and Consequential Damages 177 12 Conclusion 195
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Produktdetaljer

ISBN
9781035342631
Publisert
2025-08-28
Utgiver
Vendor
Edward Elgar Publishing Ltd
Høyde
216 mm
Bredde
138 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
220

Forfatter

Om bidragsyterne

Julien Chaisse, Professor, School of Law, City University of Hong Kong and Chairman, Asia Pacific FDI Forum, Hong Kong SAR