International Contracting

For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts.

All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices.

Some of the new issues and topics covered include:

• new potential causes of force majeure and hardship (pandemics and BREXIT);
• review of Incoterms 2020;
• new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others);
• rise of new international commercial courts;
• legaltech, smart contracts, and artificial intelligence;
• ethics; 
• implementation of technology in legal practice;
• enforceability of penalty clauses;
• Internet sales and agency contracts;
• long-term contracts and goodwill compensation;
• data protection and the General Data Protection Regulation (GDPR);
• alliance, collaboration, and cooperation agreements;
• noncompete and nonsolicitation clauses;
• e-mail disclaimers; and
• separation and release agreements.

The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike.

“International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.”

– Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine

“The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.”

– Professor Michael G. Bridge, London School of Economics

“International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.”

– Michel Cannarsa, Dean & Professor, Lyon Catholic University