Drafting Commercial Agreements, 5th Edition

Author: Richard Christou

Publisher: Sweet & Maxwell U.K.

Price:

Published In: October 2013

Format: Hardback + CD-ROM , 914 pages

Jurisdiction: Commonwealth, European Union, U.K. ?

For the 5th edition of Drafting Commercial Agreements the commentary and precedents have been updated to take account of current legislation, case law and practice. In particular the fifth edition has considered the following new developments:

New EU legislation, including the Directive on Consumer Rights (2011) (creating new regimes for distance and off-premises contracts and amendments to the Unfair Contract Terms and Guarantee Directives, and to the general law governing consumer contracts)

The latest Block Exemption for Vertical Agreements (2010) (with its effect on agency and distribution agreements)

The Directive on Late Payment  for Commercial Transactions (2011)

The Commission’s latest proposals (in 2013)  for a Directive on civil damages for infringements of the EU antitrust rules (together with recommendations that member states institute collective redress procedures for such infringements)

Changes to the Technology Transfer Block Exemption (2004)

Developments in employment law, including abolition of the retirement age, new proposals on directors’ remuneration (particularly under the Enterprise and Regulatory form Act 2013) and the current position on dealing with pension funds in deficit

The new regime for registration of charges under the Companies Acts brought in from April 2013

It also covers changes to UK Competition Law, including the new regulatory framework under the Enterprise and Regulatory Reform Act 2013, and its impact on mergers, acquisitions, anticompetitive agreements and the cartel offence), the current UK position on damages for breach of the Competition Act, 1998 (as discussed in Devenish v Sanofi-Aventis and Albion Water v Dwr Cymru Cyfyngedig) and the latest position on land agreements brought under the Competition Act since 2010.

Part 1- Supply of Goods and Services

Standard conditions for supply of goods

Standard conditions for the supply of services

Standard conditions for the supply of a system

Standard condition for the supply of goods and services to consumers

Part 2- Agency and Distribution

Standard agency agreements

Standard distribution agreements

Part 3- Mergers and Acquisitions

Share acquisitions

Asset acquisitions

Part 4- Other commercial agreements

Joint ventures

Confidentiality agreements

Employment contracts

Teaming agreements

Securities for debts

Dispute resolution and settlement agreements

Technology licensing agreements