International Contracting
Law and Practice
By: Larry A. DiMatteo
Now also available as eBook. For more than a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The Third Edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the searching, drafting, and execution of international contracts. More profoundly, it takes fully into account the impact of the financial crisis of 2008 on the legal profession, the regulatory system, and how we view certain types of contractual instruments. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. The bibliography (including online sources) is once more greatly expanded and enhanced. The Third Edition introduces the idea of proactive or strategic contracting, and adds a new chapter on confidentiality, nondisclosure agreements, and covenants not to compete. Other new and updated material examines such issues and topics as the following: anti-bribery clauses; "garden leave" clauses; strategic posturing; countertrade; guarantees of performance; mediation rules; performance bonds; and contract interpretation. Updates on relevant developments worldwide include new material on China, the European Union (including the important Common European Sales Law), Germany, Scandinavia, Russia, and Australia. The important new United Nations Convention on the Use of Electronic Communications in International Contracts is also covered. Given the legal liability that can result from the failure to take private international law developments into account, this book is not only valuable but necessary. As an adroit combination of up-to-date theoretical underpinning and eminently practical guidance, the book will continue to serve practitioners well in this latest edition.
AI Overview
The book "International Contracting: Law and Practice" by Larry A. DiMatteo is a comprehensive guide to the negotiation, drafting, and execution of international contracts. Here is a detailed overview of the book:
Key Themes
- Negotiating Strategies: The book provides detailed strategies for negotiating international contracts, including insights into the reasonableness of various contract clauses and their likelihood of enforcement in foreign jurisdictions.
- Contract Drafting: It offers expert advice on good contract drafting principles, including common contract clauses and contract checklists.
- Case Studies and Arbitral Proceedings: The book includes case studies and insights from actual arbitral proceedings, which help practitioners understand the practical application of international contracting laws.
- International Conventions and Model Laws: It covers major relevant international conventions, model laws, and pertinent national laws, providing a single-volume reference for practitioners.
- Contract Theory and Practice: The book is an adept combination of contract theory and practice, making it useful for both law practitioners and students.
Plot Summary
The book does not have a narrative plot but rather serves as a reference guide. It is structured to provide a thorough understanding of the legal aspects of international contracting, including:
- Analysis of key contract issues unique to various types of contracting.
- Explanation of the principles of good contract drafting.
- Insights from actual cases and arbitral proceedings.
- Coverage of major international conventions, model laws, and national laws relevant to international contracting.
Critical Reception
While specific reviews are not provided in the sources, the book's reputation can be inferred from its continuous publication in multiple editions. The fifth edition, in particular, has been praised for its comprehensive coverage of new topics and its continued relevance in the field of international contracting. The book's longevity and the fact that it has been a trusted guide for over a decade suggest positive reception among practitioners and students of international law.
Author's Expertise
Larry A. DiMatteo is a renowned expert in contract law and international law. He is the Huber Hurst Professor of Contract Law & Legal Studies at the Warrington College of Business and an Affiliate Professor at the Levin College of Law at the University of Florida. He has authored over 170 publications and 18 books, making him a respected authority in the field. His extensive experience and academic credentials contribute to the credibility and usefulness of the book.
Editions and Availability
The book is available in its fifth edition, which includes all the exceptional features of earlier editions. It can be found through various sources, including Barnes & Noble and Wildy, which offer special discounts for students and newly called practitioners.