Overview
ABSTRACT
Contracts are at the heart of all international transactions, including of course sales and distribution, but also license agreements, “key-agreements”, joint-ventures and BOTs. This article offers a typology of contracts ranging from pre-contracts and mutual agreement contracts to internationally tendered contracts, not omitting transfers of technology contracts, public-private partnerships (PPP) which are extensively used notably regarding construction projects. The article then moves on to give a brief description of the main international contractual clauses focusing on the pitfalls to avoid and precautions to take; making the distinction between the transfer of risks and of property, exoneration of responsibility clauses, clauses regarding price and intellectual property such as confidentiality and non-competition clauses.
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Anne DEYSINE : Law graduate from IEP Paris - Professor at the University of Paris Ouest Nanterre La Défense - Director of the Master 2 in International Affairs and Intercultural Negotiation and of the GGU Summer Law Program accredited by the American Bar Association
INTRODUCTION
Contracts are at the heart of all international transactions, from sales and distribution to licensing agreements, turnkey projects, joint ventures and BOTs.
This article presents a typology of contracts, from pre-contracts and over-the-counter contracts, through technology transfers and public-private partnerships (PPPs), which are widely used, particularly in construction projects, to contracts involving international competitive bidding.
The article then briefly describes the main clauses of international contracts, highlighting the pitfalls to be avoided and the precautions to be taken:
distinction between transfer of risk and transfer of ownership ;
liability waiver clauses ;
price and intellectual property clauses, such as confidentiality and non-competition.
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KEYWORDS
contracts | FIDIC | public-private partnership | transfer of risk & transfer of title | | | transfers of technologies
International contracts - strategies and main clauses
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"Industrial management"
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