About the Book
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.
This concise textbook takes a practical and comparative look at international commercial contracts, covering everything from formation and negotiation to enforcement and dispute resolution. It lays out the essentials (offer and acceptance, consideration, party autonomy, and contract interpretation across different legal traditions) while breaking down the complexities of governing law selection and private international law. Instead of centring on a single jurisdiction, it provides comparative insights into major economies and key commercial hubs. Readers will find analysis of common law, civil law, and hybrid systems, along with discussions on how international instruments such as the CISG, UNCITRAL, and UNIDROIT principles shape cross-border agreements.
The book breaks down dispute resolution strategies, covering arbitration, litigation, and international commercial courts, along with the use of forum selection clauses, arbitration clauses, mediation, and hybrid approaches. This Advanced Introduction also provides a thorough analysis of non-waiver clauses, severability, and enforcement mechanisms, helping to ensure contracts hold up across different legal systems. Also considered are force majeure, hardship, penalty, and liquidated damages clauses, showing how these provisions help for the unexpected.
For legal practitioners, business professionals, and students, this book is more than just a reference; it is a practical guide to structuring, negotiating, and enforcing international contracts with confidence.
Table of Contents:
Contents
1 Introduction to international commercial contracts 1
PART I THE FOUNDATIONS OF COMMERCIAL
CONTRACTS
Introduction to Part I 15
2 The Importance and Formation of Commercial Contracts 17
3 Determining the Governing Law: Key Issues and
Principles 39
4 Practical Approaches to Choosing the Governing Law 55
PART II RESOLVING COMMERCIAL CONTRACT DISPUTES
Introduction to Part II 74
5 Dispute Resolution Clauses in Commercial Contracts 75
6 The Role of International Arbitration in Contract Disputes 92
7 Litigation in National Courts: Procedures and
Implications 105
8 The Emergence and Function of Hybrid Courts 123
PART III STRUCTURING AND REFINING
INTERNATIONAL COMMERCIAL CONTRACTS
Introduction to Part III 136
9 Strategic Negotiation of International Contracts 137
10 Addressing Risk Allocation and Unforeseen Events:
Force Majeure, Hardship, Penalty and Liquidated
Damages 151
11 Ensuring Contract Integrity: Partial Nullity, NonWaiver Clauses, and Consequential Damages 177
12 Conclusion 195
About the Author :
Julien Chaisse, Professor, School of Law, City University of Hong Kong and Chairman, Asia Pacific FDI Forum, Hong Kong SAR
Review :
‘This book is an invaluable guide for legal practitioners, business professionals, and policymakers navigating cross-border transactions. It blends theoretical insights with practical guidance on contract formation, dispute resolution, and governance. Easy to read, the book empowers readers with essential tools and skills to secure favorable commercial terms, manage risks, and adapt to the ever-evolving landscape of global commerce.’
‘An essential textbook for arbitration and contract practitioners in Asia and worldwide. Drawing on multiple jurisdictions and combining common law and civil law perspectives, it delivers clear, practical guidance on drafting, negotiating and settling disputes tied to international commercial contracts. A trusted reference for cross-border practice.’
‘This textbook distils the complexity of international commercial contracts into clear, practical insights. A must-read for students and professionals alike, it is especially valuable for readers in Asia seeking to navigate cross-border transactions with confidence in today’s dynamic legal environment. Insightful, accessible, and rich in real-world relevance.’
‘Advanced Introduction to International Commercial Contracts by Professor Julien Chaisse, a leading scholar in this field, offers the most comprehensive and insightful observation of commercial contracts at this fast-changing juncture in the global economic landscape. Covering the full life cycle of contracts spanning negotiation, formation, application, and dispute settlement, this book is a “must-read” for both legal scholars, practitioners, and businesspersons.’
‘Professor Julien Chaisse’s Advanced Introduction to International Commercial Contracts offers comprehensive, yet succinct, analysis of all essential aspects of international commercial contracts in a global economy, from negotiation and drafting through dispute resolution (in all of its forms). A remarkably efficient and effective pathway to gaining a sophisticated understanding of the role and utility of international commercial contracts in global trade.’
‘Advanced Introduction to International Commercial Contracts provides a rigorous and authoritative discussion of the various legal dimensions of international contracts. Merging theoretical depth and legal practice, it offers a very useful analysis on any legal issue in contract management, from the negotiation and contract design stage to dispute settlement.’
‘As a legal practitioner and expert in international commercial dispute resolution, I have found this book to be a very concise and insightful resource for practitioners of international law applied to international commercial relationships. I strongly recommend this must-read book to fellow legal practitioners and business professionals across the World.’
‘Chaisse presents international commercial contracts as they function across jurisdictions: doctrinally uneven, structurally dependent on party autonomy and often distorted by enforcement asymmetries. The book avoids simplifications and offers students and professionals a prime account of how commercial obligations are created, interpreted, and contested in practice.’
‘This is a superb piece of work which skillfully blends the practical with the academic. Chaisse successfully navigates complex areas of law, distilling the key rules and principles in a manner that will be of great use to practitioners, academics, students and other interested observers alike.’
‘An indispensable guide, Advanced Introduction to International Commercial Contracts masterfully bridges theory and practice, offering a truly global perspective on the intricate legal frameworks underpinning modern trade. Covering national, regional, international, and supranational dimensions, this book provides deep insights into contract negotiation, drafting, performance, and dispute resolution. A must-read for students, legal professionals, and business leaders seeking clarity in the complex world of cross-border commerce.’
