"Moser & McIlwrath... provide a very helpful teaching tool and a good introduction for anyone trying to improve its negotiation skills in relation to such clauses."RA Prof. Dr. Stefan Kröll
"This compendium ... will be useful not only in in-house corporate teams and law firms, but also for any institution or organisation training and preparing commercial contract negotiators." Julian Lew QC
Read the full recommendations and others here!
Negotiating International Commercial Contracts – Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors’ experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive law to govern the contract (or the failure to choose a law); and (ii) the method and place of dispute resolution (or the failure to specify in the dispute resolution clause).
You will be invited to consider challenging situations, all of which are designed to enhance your ability to anticipate legal and business risks, minimise potential pitfalls and give you an idea of a checklist to tackle these commercial issues. The suggested answers aim to guide you towards the sort of thoughtful approach that will help you with similar situations in real life, and allow you to make commercially sensible decisions to avoid being caught by the “all-too-familiar” approach.
This workbook is designed to assist anyone involved in the negotiation, enforcement, or interpretation of international commercial contracts. The book aims to help build skills for any counsel assisting clients in international transactions, including those in law firms and in-house legal departments, those acting as judges, arbitrators, mediators, or for training purposes in university and professional training courses.
"Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." - Prof. George A. Bermann
"Dispute resolution clauses and choice of law clauses are two of the most important clauses in international contracts. In practice, however, little attention is paid to the drafting or negotiation of such clauses which is reflected by the name of “midnight clauses”. Moser & McIlwrath manage to set out in their book the most important issues which should play a role in the negotiation of such clauses and provide possible solutions to avoid impasses in the discussion of such clauses. They provide a very helpful teaching tool and a good introduction for anyone trying to improve its negotiation skills in relation to such clauses." - RA Prof. Dr. Stefan Kröll, LL.M.
"An inspiring, really valuable book for both experienced and newly qualified lawyers negotiating international contracts. I wish I had read this half a century ago…" - Michael Leathes
"This compendium provides a practical and realistic training manual for legal and commercial teams involved with the preparation and negotiation of international commercial contracts. The exercises will be useful not only in in-house corporate teams and law firms, but also for any institution or organisation training and preparing commercial contract negotiators." - Julian Lew QC (Read the full recommendation here)
"A useful tool to assist lawyers hoping to enhance their skills in negotiating contracts with international elements." - Prof. William W. Park
"Gustavo Moser and Michael McIlwrath have produced an excellent guide to understanding the significance of choice of law clauses and the methods of dispute resolution for international commercial contracts. The method employed, in the form of exercises, focuses on the essential elements which need to be considered in negotiating and drafting international contracts. Not only students but practitioners will find it a terrific tool." - Dr Michael Pryles AO PBM
"This book is a must-have tool for teachers, learners, legal practitioners, and business negotiators in international commercial contracts. It provides interactive, hands-on learning that keeps the reader turning pages filled with practical exercises and tips, and explains the law and underlying theories shoring up the practice. The book can be used independently or part of a course where participants can engage in the exercises, followed with discussion. A brilliant and innovative approach to understanding and honing skills in negotiating commercial contracts, created by two highly experienced experts." - Prof. Patricia Shaughnessy
"A must-have toolkit for anyone entering the unchartered territory of international contracts." - Prof. (em.) Ingeborg Schwenzer
“Many books have been written about contract negotiation and many on choice of law and dispute resolution mechanisms. Moser and McIlwrath deserve our applause for having brought together these two topics which in real life are naturally connected. Their book is easy to read, and will benefit anyone involved in contract negotiations.” - Matthias Scherer
"The book is excellently well written in a very articulate style. The language used is very clear, sharp and straightforward. The practical approach coupled with the academic approach distinguishes this book and renders it accessible to all readerships who wish to have a first-hand knowledge in the specificities of contract negotiations." - Prof. Dr. Nayla Comair-Obeid (Read the full book review here)
“This book is informative in the first place. But it does so much more: it challenges the reader with examples taken from practice. It helps think out of the box and step away from the “we’ve always done it that way.” This publication is a practical guideline. It’s a must-have.” - Flip Petillion (Read the full recommendation here)