Fundamentals of International Business Transactions

Author: Ronald Brand
Publisher: Kluwer Law International B.V.
ISBN: 9789041196323
Release Date: 2000-07-28
Genre: Law

There are many guides to the conduct of international business transactions, but none as comprehensive and detailed as this. It clearly identifies in great depth the many sources of risk in cross-border transactions, analyzes the legal instruments that provide protection to the parties, and describes the practical means--institutional, purchased, and negotiated--of reducing, reallocating, and perhaps even eliminating risks. Each chapter covers a distinct element of risk, with insightful commentary on the relevant national, regional, and international laws and detailed analyses of leading and defining cases from many jurisdictions and international courts, as well as considerations of significant scholarly contributions and guidance through insurance options and matters for negotiation. Beginning with the entry-level commercial transaction and letter of credit financing, the author moves through issues of commercial law, dispute resolution, sovereign involvement, public international law, antitrust law, and taxation. Along the way, he highlights types of transaction to which host country law has special application. The crucial issues of jurisdiction, choice of forum in dispute resolution, recognition and enforcement of judgments, foreign currency judgments, and defenses against claims of sovereign immunity all arise in context with detailed critical analysis and commentary. Other matters covered include the commercial and political risk insurance provided by such US agencies as the Export-Import Bank and the Overseas Private Investment Corporation (OPIC), and the protection for investors offered by the International Centre for Settlement of Investment Disputes (ICSID), and the draft Multilateral Treaty on Investment (MAI).

International Business Transactions Fundamentals

Author: Ronald A. Brand
Publisher: Kluwer Law International B.V.
ISBN: 9789041191328
Release Date: 2018-11-27
Genre: Law

Designed primarily as a casebook and text for law school study, this volume represents nearly four decades of work by the author to present the fundamentals of the law of international business transactions. The second edition refines and updates the materials in the first edition in a manner intended to be useful not only to students but as a desk book for practitioners. Like the first edition, this second edition focuses on the role of lawyers in identifying risks inherent in cross-border economic transactions, and then using primarily the law and negotiations to eliminate where possible, reduce where practicable and reallocate where necessary, those risks to the benefit of the client. Matters covered include: • the basic export-import sales contract; • the use of price-delivery terms to allocate both price and risk; • the application and use of the United Nations Sales Convention (CISG); • events which may excuse the nonperformance of a contract obligation; • when and how to opt in or out of the CISG; • financing the export sale with a commercial letter of credit; • a basic understanding of the WTO trade regulation system; • the regulation of importation, including tariff classification and valuation; • the regulation of exportation, including licensing and extraterritorial application of export laws; • U.S. and EU Rules affecting the professional liability of international transactions lawyers; • planning for the resolution of disputes in international transactions; • a comparative law understanding jurisdiction, applicable law, and judgments recognition; • issues affecting choices between arbitration and litigation of disputes; • drafting choice of forum clauses; • drafting choice of law clauses; • understanding rules regarding judgments obligations stated in foreign currencies; • recent multilateral efforts to harmonize the law on jurisdiction and judgments recognition; • dealing with and avoiding claims of sovereign immunity and act of state; • operating abroad through employees, agents, and distributors; • anti-bribery laws and the need for compliance programs and contract restrictions; • expropriation, political risk, and how to use insurance and contract terms to deal with them; • investor-state contracts; • antitrust laws and their extraterritorial application. Each chapter is designed to help the reader move from the simple cross-border sales transaction through steps which increase both activity abroad and the laws and regulations that may bring with them additional risks to be identified and allocated. A separate documents volume provides virtually all current primary source material on the law of international business transactions. There are many guides to the conduct of international business transactions, but none organized as clearly as this. With this up-to-date edition of a well-established practical guide, in-house lawyers for multinational corporations and practitioners in business law will quickly develop a framework for understanding each source of protection and enhance their ability to serve their company and clients well.

International Business Transactions Fundamentals Documents

Author: Ronald A. Brand
Publisher: Kluwer Law International B.V.
ISBN: 9789041191342
Release Date: 2018-11-29
Genre: Law

This Documents volume is a companion to International Business Transactions Fundamentals, Documents, Second Edition (Kluwer Law International, ISBN 9789041190925) and provides all the supporting sources for students and practitioners seeking information on international commercial law.

Winning in the Global Market A Practical Guide to International Business Success

Author: Bruce D. Keillor
Publisher: ABC-CLIO
ISBN: 9780313398339
Release Date: 2011-11-15
Genre: Business & Economics

Achieving success in the global marketplace is now a little easier thanks to this practical and comprehensive guide. • Scorecards that can be used to analyze and assess the reader's individual firm • An appendix of resources that will help firms identify and access the most helpful outside sources for international business information and assistance

Power in the International Investment Framework

Author: Maria A. Gwynn
Publisher: Springer
ISBN: 9781137571434
Release Date: 2016-07-26
Genre: Political Science

This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.

Cengage Advantage Books Fundamentals of Business Law Summarized Cases

Author: Roger Miller
Publisher: Cengage Learning
ISBN: 9781111530624
Release Date: 2012-01-01
Genre: Business & Economics

Brief and affordable, FUNDAMENTALS OF BUSINESS LAW: SUMMARIZED CASES, 9th Edition focuses on the core business law topics students need to know, including contracts and sales, in an abbreviated, paperback book. The summarized cases integrated throughout the text illustrate key points of law without overwhelming students with unnecessary detail. Intended for the one-term course focused primarily on contracts and sales, FUNDAMENTALS OF BUSINESS LAW: SUMMARIZED CASES, 9th Edition condenses the latest legal topics--the Sarbanes-Oxley Act, cyberlaw, health-care and financial reform, the housing crisis, and more--for quick comprehension. Learning tools like boxed features, highlighted terms, learning objectives and summaries, self-testing, and review questions make FUNDAMENTALS OF BUSINESS LAW: SUMMARIZED CASES, 9th Edition the easy-to-understand alternative to traditional Business Law texts. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Fundamentals of Franchising Canada

Author: Peter Snell
Publisher: American Bar Association
ISBN: 1590314328
Release Date: 2005
Genre: Cooking

A large number of American franchise systems have, over the last 40 years, made Canada one of their chose international expansion targets. This new book, written by experienced Canadian franchise lawyers, will help you advise your clients who are considering expansion into the Canadian marketplace. The book outlines a host of important differences when comparing the business, law and practice of franchising in Canada and the United States, as well as the numerous similarities between the culture and law of both societies. Topics include: structuring and expansion to Canada; trade-mark and other intellectual property issues; the Canadian franchise agreement; franchise disclosure issues; privacy issues and dispute resolution and franchise litigation in Canada. The book also includes practice notes throughout the book, highlighting key points.


Author: S. KEVIN
Publisher: PHI Learning Pvt. Ltd.
ISBN: 9788120337916
Release Date: 2009-04-15
Genre: Business & Economics

This concise and compact text explains, with great precision and clarity, the basic concepts, theories and practices of international business. The text is so significant because, in today’s modern globalized economic environment, international transactions form an integral part of economic activities. Businesses today are no more confined to national boundaries and have become truly international. Any budding or practising manager, especially of big companies, needs to know the fundamentals of international finance. And this book, written by Professor S. Kevin, who has a rich and long experience in teaching international finance, eminently fulfils this need. The book begins with an explanation of the exchange rate mechanism of foreign currencies, factors influencing exchange rate fluctuations, and the trading mechanism in foreign exchange markets. As currency forwards, futures, options and swaps are the instruments of currency derivatives used as hedging and speculative tools, the book goes on to give a detailed description of the use of currency derivatives for hedging as well as speculative functions. It concludes with an analysis of international financial institutions and their functioning, the participants and instruments of global financial markets where international funds are raised, the many uses of international funds in the form of portfolio investments, and direct investments in host countries. The book is primarily intended as a text for postgraduate students of commerce and management, chartered accountancy (CA) and chartered financial analysis (CFA). It would also be of immense value to practising professionals in the field of international finance. Key Features : Illustrates the concepts with the help of examples, figures and tables. Clearly explains risk management tools and techniques. Discusses the role of international financial institutions in the global financial market. Is a handy text for self-study.

International Business

Author: Simon Harris
Publisher: Springer
ISBN: 9781137007742
Release Date: 2012-03-02
Genre: Business & Economics

Provides an in-depth analysis of some of the most recent challenges for international businesses, such as corporate social responsibility and the phenomenon of outward foreign direct investment from China. Reflects on the new perspectives in international business by presenting the experience of successful business experts in the field.

International Business

Author: Riad A. Ajami
Publisher: M.E. Sharpe
ISBN: 0765617803
Release Date: 2006
Genre: Business & Economics

Useful for undergraduate and graduate students of international business, this work features coverage of the Asian financial crisis and the European Union. Its treatment of such topics as foreign exchange, international trade policy, and economic development introduces students to techniques for analyzing national economies.