commercial transactions

Drawer

The person who makes a Draft, directing the drawee (i.e., the Bank) to pay the specified sum to a third party (the payee).

Exclusive Dealing Arrangement

Definition

Exclusive dealing arrangements are essentially requirements contracts in which a seller agrees to sell all or a substantial portion of its products or services to a particular buyer, or when a buyer similarly agrees to purchase all or a...

Foreign Direct Investment

Foreign Direct Investment: An Overview

The International Monetary Fund (“IMF”) defines foreign direct investment (“FDI”) as a “cross-border investment” in which an investor that is “resident in one economy [has] control or a...

Horizontal Scheme

A cooperation agreement between competitors on the same level of commerce. A horizontal scheme violates antitrust law if it involves price-fixing or any other recognized restraint on trade.

See Antitrust Law

installment contract

An installment contract is a single contract that is completed by a series of performances–such as payments, performances of a service, or delivery of goods–rather than being performed all at one time. Installment contracts can...

jobber

A person who purchases and resells goods, usually in large quantities; a middleman. For example, someone who purchases gasoline in tank-car lots from a refiner and owns storage or bulk plants from which he delivers gasoline in...

Kiter

Definition

A person who kites checks.

Illustrative caselaw

See, e.g. Williams v. United States, 458 U.S. 279 (1982).

See alsoNegotiable instruments

Kiting

Definition

A crime involving writing a check on an account, Account A, with insufficient funds and depositing it in another account, Account B, and then writing a check on Account B and depositing it in Account A to cover the first check written on...

Most Favored Nation

Definition

A clause frequently included in bilateral investment treaties ("BITs") which provides that a host state shall treat all of its trading partners equally. Under such a clause, if the host state lowers a tariff for one trading partner, it must...

National treatment

Definition

A clause frequently included in bilateral investment treaties ("BITs") which provides that a host state shall treat foreign and domestic enterprises equally.

See also

Most favored nation

World Trade Organization: Trade without...

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