Commercial Agreements


Commercial Agreements

Principles and Practice

9781786432964 Edward Elgar Publishing
Jeremy Leong, Founder and Managing Director, Acton Law LLC, Singapore
Publication Date: 2024 ISBN: 978 1 78643 296 4 Extent: 588 pp
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.

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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.
Critical Acclaim
‘Jeremy has taken a refreshing approach to spice up what is otherwise an uninteresting topic. What Commercial Agreements: Principles and Practice does, in a very user-friendly style, is to bring readers back to the basics, tied to scenarios or questions that actually surface quite often, and with just the right dosage of case law and theory.’
– David Li, White & Case Beijing, China

‘In this incredibly useful volume, Jeremy Leong combines the worldly wisdom of an experienced commercial lawyer who has litigated all sorts of commercial controversies with the intellectual leverage of advanced academic scholarship on commercial contracts. With clear and entertaining writing, incisive analysis, and real-world examples, this book generates flashes of insight at virtually every page. It illuminates this field like no other.’
– Joel P. Trachtman, Tufts University, US

‘An indispensable book for an in-house counsel navigating commercial agreements. Jeremy writes in a personal engaging style and effortlessly weaves theory with practical applications. Definitely one for keeps – occupying pride of place on my bookshelf.’
– Sham Sabnani, General Counsel, Global Consumer Goods Company

‘Jeremy Leong’s work on commercial agreements will be a really valuable reference text for practitioners, whether draftspersons or litigators, and whatever their level of experience. Mr Leong draws upon his academic and extensive practical experience to provide original insights into the construction and operation of commercial agreements. Written in a refreshingly engaging style, the work is extensive in its scope, encompassing general matters (such as principles of construction, structure and boilerplate clauses) followed by a comprehensive analysis of a wide range of specific contracts. The work makes an original and substantial contribution to knowledge and learning in this area.’
– John Phillips, King''s College, London, UK
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
Appendix to Chapter 3 Interpretation across selected jurisdictions in Asia
Appendix to Chapter 4 Formalities for contracting across selected Asian jurisdictions
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