International Business Transactions: In a Nutshell

, by Folsom, Ralph H.; Gordon, Michael W.; Spanogle, John A.

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ISBN: 9780314240934 | 0314240934
Cover: Paperback
Copyright: 3/1/2000

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International Business Context: From Brockton and Burbank to Bangkok and Beijing; Negotiating International Business Transactions; International Trading of Goods; Financing the International Trading of Goods; Money and International Business Transactions; Technology Transfers; International Business Transactions in Market Economy Nations; International Business Transactions in Non-Market anti Transition Economy Nations; Dispute Settlement; Litigation and Arbitration; Immunity of States in Commercial Transactions; Act of State Doctrine in Commercial Transactions.

Preface To The Sixth Edition

iii

Table of Cases

xvii

Introduction, From Brockton and Bur-bank to Bangkok and Beijing

(19)

Negotiating International Business Transactions

(19)

Negotiating by Contest

(2)

Building a Rolling Consensus Toward Agreement

(2)

Negotiating Teams

(2)

Role Playing

(1)

Timing

(1)

Importance of Procedure

(2)

Importance of Culture

(2)

The Language of Negotiations

(2)

Language in the Agreement

(3)

Planning for Renegotiation

(2)

International Trading of Goods

(116)

International Sales Law

(2)

A Short History of the Drafting of CISG

(8)

The Sphere of Application of CISG

(3)

Choice of Law Clauses

(3)

Other Scope Issues

(3)

General Provisions of CISG

(5)

Contract Formation

(10)

Seller's Obligations

(10)

Remedies for Seller's Breach

(8)

Buyer's Obligations

(2)

Risk of Loss

(2)

Remedies for Buyer's Breach

(3)

The Unidroit Principles of International Commercial Contracts

(7)

Commercial Terms

105

(20)

International Electronic Commerce

125

(5)

The ``Payment Against Documents'' Transaction

130

(8)

Bills of Lading

138

(1)

Misdelivery

139

(5)

Misdescription

144

(4)

The Forged Bill of Lading

148

(1)

Electronic Bills of Lading

149

(6)

Financing the International Trading of Goods

155

(48)

The International Documentary Sale and Documentary Letter of Credit

155

(1)

The Problem

155

(1)

The Documentary Sale Transaction

156

(10)

The Governing Rules

166

(10)

Electronic Letters of Credit

176

(8)

Standby Letters of Credit

184

(4)

New International Rules for Standby Letters of Credit

188

(2)

The Fraud Defense

190

(8)

Other Letters of Credit: Back to Back and Revolving Credits

198

(5)

Money and International Business Transactions

203

(34)

The International Monetary System and the IMF

203

(5)

Regional and Other Development Banks

208

(2)

National Monetary Systems

210

(3)

Export Financing Programs

213

(2)

Offshore Banking (and Tax Havens)

215

(2)

International Movement of Money

217

(3)

Foreign Exchange and Exchange Controls

220

(6)

Exchange Risk

226

(2)

International Deposits and Loans: Eurodollars

228

(5)

Financial Practices of Multinational Enterprises: Transfer Pricing

233

(4)

Technology Transfers

237

(43)

The Uruguay Round Trips Agreement

239

(2)

Patent Protection

241

(3)

International Recognition of Patents

244

(2)

KnowHow

246

(2)

Trademark Protection

248

(4)

International Recognition of Trademarks

252

(2)

254

(3)

International Recognition of Copyrights

257

(2)

Franchising in the United States

259

(1)

International Franchising

260

(4)

International Patent and Knowhow Licensing

264

(3)

Protection From Piracy

267

(4)

Gray Market Goods

271

(4)

Transborder Data Flows

275

(1)

Special 301 Procedures

276

(4)

Transactions in Market Economy Nations

280

(28)

Developed or Developing/Market or Nonmarket: Classifying Nations

280

(6)

Commercial Transactions and Transfers of Technology

286

(7)

Sales Agent and Distributorship Agreements in Developing Nations

293

(6)

The Use of Transfer of Technology and Foreign Investment Laws as Part of The Process of Development

299

(4)

Transfer of Technology Laws of Developing Nations

303

(5)

Transactions in Nonmarket and Transition Economy Nations

308

(28)

Defining Nonmarket and Transition Economy Nations

309

(4)

Nonmarket Economy Nations in Transition

313

(3)

Exporting Goods to a Nonmarket Economy Nation---FTOS and STOS

316

(5)

Currency Issues in Trading With Nonmarket Economy Nations

321

(2)

Letters of Credit and Nonmarket Economy Nations

323

(1)

Export Controls Affecting Sale of Goods to Nonmarket Economies

324

(1)

Countertrade

325

(3)

Importing Goods From Nonmarket Economies

328

(1)

The Council for Mutual Economic Assistance (CMEA or COMECON)

329

(2)

The Transfer of Technology and Direct Foreign Investment

331

(1)

The Nonmarket Economy Nation as a Developing Nation

332

(2)

The Process of Transition From NME Status

334

(2)

Dispute Settlement: Litigation and Arbitration

336

(47)

International Court of Justice

337

(3)

Treaties and Dispute Settlement

340

(1)

Dispute Settlement in National Courts

341

(6)

Recognition and Enforcement of Foreign Judgements

347

(4)

Contract Provisions About Dispute Forum and Governing Law

351

(1)

The Forum Selection Clause

351

(8)

The Choice of Law Clause

359

(3)

Mandatory Provisions and an Intersection Between Forum Selection and Choice of Law Clauses

362

(1)

Dispute Settlement by Arbitration

363

(3)

Enforcement of Arbitral Awards: The 1958 Convention

366

(4)

Arbitration Rules and Local Law

370

(2)

Elements of an Agreement to Arbitrate

372

(4)

International Arbitral Rules: UNCITRAL, IC--SID and Others

376

(7)

Immunity of States in Commercial Transactions

383

(30)

History and Rationale

385

(9)

The 1976 Foreign Sovereign Immunities Act

394

(2)

Who Is a Sovereign?

396

(3)

Jurisdictional Issues

399

(1)

Service of Process

400

(2)

Exceptions to Sovereign Immunity: Waiver

402

(3)

Exceptions to Sovereign Immunity: Commercial Activity

405

(5)

Exceptions to Sovereign Immunity: Violations of International Law

410

(1)

Sovereign Immunity and Counterclaims

411

(1)

Execution of a Judgment

412

(1)

The Act of State Doctrine in Commercial Transactions

413

(22)

History of the Act of State Doctrine

416

(2)

Act of State and the Expropriation of Property

418

(4)

Act of State Encounters Some Limits

422

(4)

Act of State Doctrine and the Separation of Powers

426

(5)

The Act of State Doctrine and Some Exceptions

431

(1)

Exceptions to the Act of State Doctrine: Waivers

432

(1)

Exceptions to the Act of State Doctrine: Commercial Activity

433

(2)

Conclusion

435

(4)

Index

439

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International Business Transactions: In a Nutshell

Summary

Table of Contents

Supplemental Materials