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European Law for International Business-Bernard Bishop

European Law for International Business-Bernard Bishop

Сумата се прибавя директно в кошницата

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