Advanced Introduction to International Commercial Contracts

Julien Chaisse, Professor, School of Law, City University of Hong Kong and Chairman, Asia Pacific FDI Forum, Hong Kong SAR

• Contents1 Introduction to international commercial contracts 1PART I THE FOUNDATIONS OF COMMERCIALCONTRACTSIntroduction to Part I 152 The Importance and Formation of Commercial Contracts 173 Determining the Governing Law: Key Issues andPrinciples 394 Practical Approaches to Choosing the Governing Law 55PART II RESOLVING COMMERCIAL CONTRACT DISPUTESIntroduction to Part II 745 Dispute Resolution Clauses in Commercial Contracts 756 The Role of International Arbitration in Contract Disputes 927 Litigation in National Courts: Procedures andImplications 1058 The Emergence and Function of Hybrid Courts 123PART III STRUCTURING AND REFININGINTERNATIONAL COMMERCIAL CONTRACTSIntroduction to Part III 1369 Strategic Negotiation of International Contracts 13710 Addressing Risk Allocation and Unforeseen Events:Force Majeure, Hardship, Penalty and LiquidatedDamages 15111 Ensuring Contract Integrity: Partial Nullity, NonWaiver Clauses, and Consequential Damages 17712 Conclusion 195

‘International commercial contracts form the legal infrastructure of cross-border trade, yet they are too often approached through fragmented domestic lenses. In this book, Julien Chaisse offers a clear and globally oriented account of how international contracts are formed, structured, and enforced across jurisdictions. […] In sum, Chaisse supplies something that has been largely missing from the field: a disciplined, comparative account of international contracting that avoids collapsing transnational practice into English or US categories. Its integration of contract formation, choice of law, dispute resolution, and drafting positions the book as both a structured point of entry for undergraduate and postgraduate study and a continuing reference for scholars and practitioners.’