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European Law for International Business-Bernard Bishop

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Описание

Contents

List of figures and tables page xi

List of case studies xii

Preface xiii

Acknowledgements xvii

List of abbreviations xix

Chapter 1: EU institutions and law making 1

Introduction 1

EU institutions and their role in law making 4

Types of EU laws affecting the international businessperson 10

Chapter 2: Contracts for the sale of goods to an EU buyer 21

Introduction 21

The identity of the parties 22

Description of the goods 23

Time and place for delivery 26

Transport arrangements for the goods 27

Inspection of the goods 30

Price and method of payment 32

Retention of title in the goods by the seller until paid 32

Respective obligations of the parties if unforeseen events make

performance impossible 33

The law that will apply to the contract 33

The type of dispute resolution mechanism that will be used 34

Chapter 3: Transport of goods to an EU buyer 35

Introduction 35

EU transport systems 36

International conventions governing sea transport of goods

to the EU 43

International conventions governing air transport of goods

to the EU 47

International conventions governing road transport of goods

within the EU 49

International conventions governing rail transport of goods

within the EU 53

International conventions governing transport of goods within

the EU by inland waterway 56

Insurance 60

Chapter 4: Customs law and procedure within the EU 62

Introduction 62

EU customs entry procedure 63

EU-wide restrictions on the entry of goods 68

Individual country restrictions on the import of goods 76

Anti-dumping, countervailing and safeguard measures 83

Preferential arrangements 86

Chapter 5: Payment and risk management in

international sales 91

Pre-payment 91

Letters of credit 91

Payment against documents (documentary collection) 97

Open account 100

Foreign exchange risk 105

Chapter 6: Sales to the EU using an EU representative 108

Introduction 108

Why appoint a representative for the EU market? 109

Selecting an agent or distributor 111

Appointing an agent 115

Agency agreements and competition law 129

Distribution agreements 131

EU competition law and distribution agreements 133

Chapter 7: Entering the EU market via franchising

arrangements 142

Introduction 142

Types of franchise arrangements 144

Matters for consideration prior to entering into a franchise

agreement 150

The franchise agreement 164

Operation of the franchise by the franchisee 168

Chapter 8: Establishing a permanent presence in the EU 173

Introduction 173

Right of establishment 176

Legal and procedural issues arising in the formation

of a private company 179

Branch 184

Public company 188

Mergers and acquisitions 191

The European Company 193

A private European company? 196

Licences and permits 199

State aid to industry 202

Chapter 9: Resolving a dispute with an EU firm 208

Introduction 208

Litigation against parties from EU member states 209

Matters to consider in an international arbitration 216

Mediation of international commercial disputes 223