D rafting and Negotiating - ICC Store（D漂流和谈判- ICC商店）.pdf

Drafting and Negotiating International Commercial Contracts A practical guide by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical guide by Fabio Bortolotti    Drafting and Negotiting International Commercial Contracts: A practical guide Copyright © 2013 International Chamber of Commerce (ICC) All rights reserved. ICC holds all copyright and other intellectual property rights in this collective work. No part of this collective work may be reproduced, distributed, transmitted, translated or adapted in any form or by any means, except as permitted by law, without the written permission of ICC. Permission can be requested from ICC through pub@iccwbo.org. ICC Services Publications Department 33-43 avenue du Président Wilson 75116 Paris, France ICC Publication No. 743E ISBN: 978-92-842-0220-1 2 | INTERNATIONAL CHAMBER OF COMMERCE (ICC)  F FOREWORDOREWORD Foreword “Only dishonest people need contracts”, an old gentleman told me once. “Honest persons may trust each other and their word is better than a piece of paper”. Explaining that an exchange of words may be a contract would have been a waste of time. I would have missed the gentleman’s point which was that two people in good faith limit themselves to negotiating the basic contents of their deal and then adapt them when necessary to their reasonable respective needs, in the light of the circumstances. They see no interest in taking care of possible future events in sophisticated contractual clauses. Too many business people are not very far from s