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Chapter 1 Escaping the Trap of the Familiar in International Contract Negotiations |
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11 | (10) |
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1.1 Every International Commercial Negotiator's Starting Point: Getting Comfortable with Unfamiliar Concepts |
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11 | (3) |
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1.2 And Now the Choice of Law |
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14 | (7) |
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Chapter 2 Negotiating Choice of Law Clauses |
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21 | (20) |
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21 | (6) |
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2.2 Differences in How Courts and Arbitrators May Approach `Foreign Law' |
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27 | (2) |
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2.3 How the CISG Addresses Choice of Law Issues |
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29 | (12) |
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Chapter 3 Negotiating Methods of Dispute Resolution |
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41 | (26) |
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3.1 The Default Rule: Suing the Defendant in the Courts of Their Home Location |
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42 | (1) |
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3.2 The Effect of the Hague Convention on the Choice of Courts |
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43 | (1) |
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3.3 Why a Party May Prefer to Designate the Courts |
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43 | (1) |
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3.4 Considerations When Proposing or Accepting Courts as the Forum |
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44 | (6) |
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3.4.1 Alternatives to the Courts: Mediation and Arbitration Clauses |
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49 | (1) |
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3.5 The Benefits of Neutrality, Efficiency and Enforceability of Mediation and Arbitration in International Commercial Contracts |
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50 | (4) |
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3.5.1 Other Reasons Parties Specify Mediation in Their International Contracts |
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51 | (1) |
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3.5.2 Other Reasons Parties Specify Arbitration in Their International Contracts |
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52 | (1) |
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3.5.3 The Elements of an Arbitration Clause |
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52 | (1) |
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3.5.4 The Agreement to Submit Disputes to Arbitration |
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53 | (1) |
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3.6 Emergency or Interim Measures of Protection |
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54 | (1) |
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3.7 The Seat or Place of Arbitration |
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55 | (1) |
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3.8 Big Cities vs. Small Cities |
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56 | (1) |
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3.9 Institutional vs. Ad Hoc Arbitration |
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56 | (1) |
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3.10 Choosing among Different Arbitration Institutions |
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57 | (3) |
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3.11 Arbitration vs. Courts: Different Ways of Approaching the Law |
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60 | (1) |
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3.12 Arbitration vs. Courts: Offensive vs. Defensive Strategies |
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60 | (2) |
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3.13 Agreements to Mediate before Arbitration or Court Litigation |
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62 | (1) |
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3.14 Further Practice in Dispute Resolution |
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63 | (4) |
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Chapter 4 Defective Choice of Law and Dispute Resolution Clauses -- Prevention and Management of Potential Risks |
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67 | (14) |
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Chapter 5 Putting It All Together |
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81 | (12) |
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5.1 Group Negotiation and Discussion |
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81 | (4) |
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5.2 How Choice of Law and Dispute Resolution Can Alter Certain Contractual Terms |
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85 | (2) |
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5.3 Contractual Limitation of Liability and Choice of Law and Forum |
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87 | (6) |
| Appendix Guidelines to the Exercises |
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93 | (28) |
| About the Authors |
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121 | |
