Arbitration And Contract Law

Author : Neil Andrews
Publisher : Springer
Page : 342 pages
File Size : 55,9 Mb
Release : 2016-04-18
Category : Law
ISBN : 9783319271446

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Arbitration and Contract Law by Neil Andrews Pdf

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.​

Author : Peter Sester
Publisher : Kluwer Law International B.V.
Page : 365 pages
File Size : 46,5 Mb
Release : 2022-11-22
Category : Law
ISBN : 9789403510668

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Contract Law in International Commercial Arbitration by Peter Sester Pdf

The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ Prof. George A. Bermann Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland

Author : Peter Sester
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2022-11-22
Category : Electronic
ISBN : 9403510366

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Contract Law in International Commercial Arbitration by Peter Sester Pdf

The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why - according to statistics of the International Chamber of Commerce - English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties' right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas - formation of contracts, invalidity and public policy, contract interpretation, and damages for breach - and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. 'Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.' Prof. George A. Bermann Columbia University, New York City 'This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties' work with public policy considerations.' Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 50,6 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105

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International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Author : Christoph Müller
Publisher : Cambridge University Press
Page : 822 pages
File Size : 55,6 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781108381819

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Swiss Contract Law in International Commercial Arbitration by Christoph Müller Pdf

This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.

Author : Mads Andenas,Maren Heidemann
Publisher : Taylor & Francis
Page : 222 pages
File Size : 50,7 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781040006412

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Commercial Contract Law and Arbitration by Mads Andenas,Maren Heidemann Pdf

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Author : G. K. Kwatra
Publisher : Unknown
Page : 394 pages
File Size : 54,9 Mb
Release : 2004
Category : Arbitration and award
ISBN : UOM:39015069111535

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Arbitration and Contract Law in SAARC Countries with Case Law on UNCITRAL Model Law by G. K. Kwatra Pdf

Author : Joy Mutimba
Publisher : GRIN Verlag
Page : 14 pages
File Size : 40,6 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783668696099

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Standard Clauses in International Contracts. The Arbitration Clause by Joy Mutimba Pdf

Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a “boilerplate” clause.

Author : Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher : OUP Oxford
Page : 1069 pages
File Size : 48,7 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780191631054

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Global Sales and Contract Law by Ingeborg Schwenzer,Pascal Hachem,Christopher Kee Pdf

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 527 pages
File Size : 45,5 Mb
Release : 2023-12-31
Category : Law
ISBN : 9781316514238

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International Commercial Contracts by Giuditta Cordero-Moss Pdf

Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 347 pages
File Size : 52,6 Mb
Release : 2014-05-29
Category : Law
ISBN : 9781107029187

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International Commercial Contracts by Giuditta Cordero-Moss Pdf

The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 51,8 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Author : Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher : Oxford University Press, USA
Page : 1069 pages
File Size : 50,8 Mb
Release : 2012-01-26
Category : Business & Economics
ISBN : 9780199572984

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Global Sales and Contract Law by Ingeborg Schwenzer,Pascal Hachem,Christopher Kee Pdf

This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Author : Emilia Onyema
Publisher : Unknown
Page : 257 pages
File Size : 50,7 Mb
Release : 2010
Category : Business & Economics
ISBN : 9780415492782

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International Commercial Arbitration and the Arbitrator's Contract by Emilia Onyema Pdf

This book examines the formation, nature and effect of the arbitratorsâe(tm) contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitratorâe(tm)s contract in both ad hoc and institutional references. It also examines the institutionâe(tm)s contract with the disputing parties and its effect on the arbitratorâe(tm)s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitratorâe(tm)s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America. The primary focus of the book is an analysis of the formation of the arbitratorâe(tm)s contract and the terms of this contract and the institutionâe(tm)s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms. International Commercial Arbitration and the Arbitratorâe(tm)s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Author : Joseph F. Morrissey,Jack M. Graves
Publisher : Kluwer Law International B.V.
Page : 500 pages
File Size : 45,7 Mb
Release : 2008
Category : Law
ISBN : 9041126546

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International Sales Law and Arbitration by Joseph F. Morrissey,Jack M. Graves Pdf

In this global market, where an arbitration agreement is increasingly a part of every international sales agreement, The value of an integrated approach to teaching;at the intersection of substantive contract law and dispute resolution;is immediately evident. Morissey and Graves powerfully demonstrate both how a lawyer drafts an international sales contract and how the transactional and arbitral provisions interact if the ;deal & ; does not go as anticipated. Timely and succinct (at 528 pages), International Sales Law and Arbitration offers: an integrated approach that combines substantive contract law and dispute resolution balanced coverage of how a lawyer drafts an international sales contract and how the transactional and arbitral provisions and arbitral provisions interact if the ;deal; does not go as anticipated hypothetical and actual cases, As well as arbitral decisions (with detailed commentary) that illustrate applications of the CISG, The UNCITRAL Model Law And The New York Convention problems and questions that provide students with opportunities to apply the law, and to elucidate the policies underlying the various approaches taken by the prevailing laws Logically organized in three parts;an overview of international commercial law, CISG, and dispute resolution ; International Sales Law and Arbitration: Problems, Cases, and Commentary also provides important reference material, such as the UNCITAL Model Law Jurisdictions and Sources of Contracting Parties; Rights and Obligations, In a generous four-part Appendices. For a sensible and cutting-edge view of international sales law, take a look at this groundbreaking new casebook by Morrissey and Graves.