Negotiating Techniques in International Commercial Contracts
Drafting and Negotiating Commercial Contracts, Fourth Edition is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts.
Many works published on the topic of negotiating have dealt with techniques of and preparation for negotiation from a psychological standpoint, but this book contends that in the commercial world, hard commercial considerations rather than psychological warfare matter most in successfully negotiating commercial contracts.
The text highlights the most important special features of selected contracts, namely payment contracts and petroleum contracts in addition to ordinary export contracts, syndicated loan agreements, international engineering and construction contracts, and issues relating to project finance and risk. One of the basic themes of this work is to remind negotiators of the changing attitudes towards the negotiation of international commercial contracts, including more awareness of bargaining powers of both parties. The Fourth Edition has been fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation. This includes commercial lawyers, contract managers, in-house lawyers, lawyers in private practice, LPC course tutors and law and business students.
Table of Contents
1. Legal Formalities for a Binding Contract 2. The Structure and Format of the Contract 3. Contract Drafting Techniques 4. Advanced Drafting Techniques 5. Basic Commercial / Legal Issues Affecting Contract Drafting 6. Interpretation of Contracts by the Courts-Implications for the Drafter / Negotiator 7. Drafting Consumer Contracts 8. Legal Terms and Lawyers' Jargon 9. Techniques for Checking Contracts Before Signing Them 10. Drafting, Exchanging and Protecting Documents Electronically Appendix Sample Agreements