Presenting a unique conceptual framework for interpreting and improving commercial agreements, this book marries a sound theoretical foundation with practical strategies for negotiating, drafting, advising on, and litigating such agreements.

Using examples from Singapore jurisprudence to demonstrate how universal principles can be applied in diverse jurisdictional settings, the book examines the cultural and commercial contexts that underpin a multitude of business agreements – such as those relating to the supply of goods, distribution, and franchising – and illustrates how nuances of language are essential in the interpretation and translation of contracts.

Key Features:

• Critiques common contractual language from both a litigation and transaction standpoint
• Argues that commercial agreements are the product of ‘language-games’ played between parties
• Provides practical guidance on the intricacies of drafting and interpreting commercial agreements
• Outlines a comprehensive framework integrating diverse approaches which can be operationalized in the courtroom and in the boardroom

This book is an essential resource for legal professionals including commercial law advisors, in-house counsel, litigators, and transactional lawyers. The conceptual approach also makes it attractive for scholars and students in commercial law and Asian law.

 Contents:

Preface
1. Commercial Agreements: An introduction
2. Commercial agreements as language
3. Interpretation and its uses
4. Formalities and boilerplate clauses
5. The basics of supply of goods
6. Distribution agreements
7. Licensing, franchising and commercializing innovation
8. Service agreements
9. Financing
10. Why commercial agreements matter in corporate transactions
11. Concluding thoughts on commercial agreements

Appendix to Chapter 2. A few key ideas on commercial law, the philosophy of language and contracts
law
Appendix to Chapter 3. Interpretation across selected jurisdictions in Asia
Appendix to Chapter 4. Formalities for contracting across selected Asian jurisdictions