Transnational Business Law

Overview

In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar,whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. ...

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Overview

In developing countries, because of economic development pressures that deeply pervade all aspects of enterprise, international business transactions give rise to crucial issues that practitioners cannot afford to ignore. In this new book Rumu Sarkar,whose Development Law and International Finance has quickly taken its place as the preeminent theoretical analysis of the new legal discipline of development law, at last gives busy lawyers engaged in international business as practical a text as they could desire. Transnational Business Law shows that the decisions and strategies of lawyers involved in the hectic daily routines of creating and executing cross-border transactions can serve the best interests not only of their businesses but of economic development as well.

In essence, this is a classic international business transactions handbook, with the overarching dimension of development law added. It offers detailed principles for structuring transactions, negotiating the underlying finance and related documents, and navigating dispute resolution mechanisms. It provides annotated forms, negotiating exercises, hypothetical examples, and actual case summaries and analyses. It presents economic development issues as they arise in such areas of activity as the following:

  • cross-border financing of goods and services, technology transfers, and intellectual capital;
  • structuring cross-border transactions through private equity, corporate debt, and multilateral development bank financing;
  • managing commercial risks;
  • negotiating debt work-outs for non-performing loans;
  • mitigating non-commercial risks through credit enhancement strategies such as obtaining political risk insurance; and
  • contracting for arbitration or other dispute resolution methods.

Important factors such as 'long-arm' U.S. law, international legal regulation of business conduct, and relevant underlying local law and local legal traditions are all brought to bear on the issues when appropriate.

Transnational Business Law will be especially useful to practitioners in developing countries whose legal decisions in relation to cross-border transactions often involve critical economic and political ramifications. Through her detailed exploration of how international transactions unfold within the context of economic development, Professor Sarkar greatly enhances the growth of a commitment among the international business community to achieve mutually constructive ways to conduct business between developed and developing countries.

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Product Details

  • ISBN-13: 9789041199218
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 9/5/2003
  • Pages: 464

Table of Contents

Foreword; Professor Don Wallace, Jr.
Preface.
Acknowledgements.
List of Abbreviations.
Introduction.

Part I: Pillars of Globalization: Cross-Border Financing of Goods, Services and Technology.
1. Trends in Globalization: International Sales of Goods. Sample Annotated International Sale of Goods Agreement. Sample Annotated Irrevocable Letter of Credit. Sample Annotated Irrevocable (Equity) Standby Letter of Credit. Sample Annotated Demand for Sight Payment under a Standby Letter of Credit.
2. Trends in Globalization: Technology Exchanges and Related Issues. Sample Annotated Letter of Intent for a Joint Venture Agreement. Sample Annotated Term Sheet. Sample Annotated License Agreement.

Part II: Structuring Cross-Border Transactions: Phase I, Managing Commercial Risks: Credit Enhancement.
3. Corporate and Project Financing: Private Equity and Corporate Debt Issues.
4. Mobilization of International Capital: Multilateral and Bilateral Sources of Financing.
5. Debt-Related Issues: Work-Outs, Reschedulings and Conversions.

Part III: Structuring Cross-Border Transactions: Phase II, Managing Non-Commercial Risks: Additional Credit Enhancement.
6. Foreign Direct Investment and Political Risk Insurance. Bilateral Investment Treaty Between the USG and Ukraine. Comparison of MIGA and OPIC Equity Cover Insurance Contracts.
7. Alternative Dispute Resolution and International Litigation. Arbitration Checklist. ICSID Award: Mihaly Int'l Corp. v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/00/2).

Index.

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