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In more than forty years of working as an international salesman, John Lynch has lived and worked on every continent except Antarctica. He has distilled the lessons learned during that time into 170 fact-filled pages. This book is not a motivational sales book but a practical handbook telling the would be export salesperson what we do, how we do it, why we do it that way and what goes wrong when we don't.
Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.
A Practical Playbook on How to Drive Profitable Growth for International Sales and Marketing Leaders. This book distils 30 years experience selling in more than 130 countries around the world to help sales leaders drive their international growth.
"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate." European Review of Private Law 2017 (of the 1st edition) Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have undergone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNIDROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.
This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.
Designed for use by anyone involved in international sales, finance, shipping and administration, The Handbook of International Trade and Finance provides a full explanation of the key areas of international trade - including risk management, international payments and currency management. It is an essential reference source that will help to reduce risks and improve cashflow, identify the most competitive finance alternatives, structure the best payment terms, and minimize finance and transaction costs. Coverage includes: trade risks and risk assessment; methods of payment; currency risk; export credit insurance; trade finance; and terms of payment. Designed for all businesses, regardless of size and business sector, the book also describes the negotiating process from the perspectives of both the buyer and the seller - providing valuable insight into the complete financing process.
"Written for the novice who may be encountering the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the first time or for the seasoned lawyer who is looking for a 'refresher course, ' this practical guide will help practitioners decipher and understand the complexities of this area of law. The authors conducted extensive research, analyzing all of the U.S. cases that have been decided under the CISG, as well as many decisions of international tribunals, as they crafted this valuable, user-friendly guide. Each chapter closes by posing questions built on basic facts in a hypothetical and directs you to portions of the chapter that address each question. The hypothetical is based on two leading CISG cases, as well as facts from a dispute under the UCC. In addition, this guide includes much of the text of the CISG as well as information on: the basics of the CISG, including how CISG concepts might affect a typical international business transaction; the use of common law to interpret the CISG; the purpose of the CISG and basic analysis of its application; opting out of the CISG; contract formation; interpretation of the convention; seller's basic obligations; obligations of the buyer; remedies; and more!"--Unedited summary from book cover.
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
Named to the longlist for the 2021 Outstanding Works of Literature (OWL) Award in the Sales & Marketing category In this smart, practical, and research-based guide, Harvard Business School professor Frank Cespedes offers essential sales strategies for a world that never stops changing. The rise of e-commerce. Big data. AI. Given these trends (and many others), there's no doubt that sales is changing. But much of the current conventional wisdom is misleading and not supported by empirical data. If you as a manager fail to separate fact from hype, you will make decisions based on faulty assumptions and, in a competitive market, eventually fall behind those with a keener grasp of the current selling environment. In this no-nonsense book, sales expert and Harvard Business School professor Frank Cespedes provides sales managers and executives with the tools they need to separate the signal from the noise. These include how to: Hire and deploy the right talent Pay and incentivize your sales force Improve ROI from your training programs Create a comprehensive sales model Set and test the right prices Build and manage a multichannel approach Brimming with fascinating examples, insightful research, and helpful diagnostics, Sales Management That Works will help sales managers build a great sales team, create an optimal strategy, and steer clear of hype and fads. Salespeople will be better equipped to respond to changes, executives will be able to track and accelerate ROI, and readers will understand why improving selling is a social as well as an economic responsibility of business.