Commercial Contract Law And Arbitration

Author : Mads Andenas,Maren Heidemann
Publisher : Taylor & Francis
Page : 222 pages
File Size : 50,5 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 : Peter Sester
Publisher : Kluwer Law International B.V.
Page : 365 pages
File Size : 47,5 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 : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 347 pages
File Size : 41,8 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 : Christoph Müller
Publisher : Cambridge University Press
Page : 822 pages
File Size : 44,9 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 : Peter Sester
Publisher : Unknown
Page : 0 pages
File Size : 43,9 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 : Maryam Salehijam
Publisher : Routledge
Page : 155 pages
File Size : 55,6 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781000262469

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Mediation and Commercial Contract Law by Maryam Salehijam Pdf

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 527 pages
File Size : 42,7 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 : William Fox,Ylli Dautaj
Publisher : Kluwer Law International B.V.
Page : 482 pages
File Size : 47,6 Mb
Release : 2023-12-05
Category : Law
ISBN : 9789403536934

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International Commercial Agreements by William Fox,Ylli Dautaj Pdf

Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 48,9 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 : Mads Andenas,Maren Heidemann
Publisher : Springer Nature
Page : 323 pages
File Size : 44,6 Mb
Release : 2023-03-15
Category : Law
ISBN : 9783031141058

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Quo vadis Commercial Contract? by Mads Andenas,Maren Heidemann Pdf

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

Author : Neil Andrews
Publisher : Springer
Page : 342 pages
File Size : 55,8 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 : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 45,8 Mb
Release : 2009-03-27
Category : Law
ISBN : 9789004194694

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An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by Michael Joachim Bonell Pdf

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Author : Fabio Bortolotti,Dorothy Ufot
Publisher : Kluwer Law International B.V.
Page : 308 pages
File Size : 49,6 Mb
Release : 2019-07-15
Category : Law
ISBN : 9789403514734

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Hardship and Force Majeure in International Commercial Contracts by Fabio Bortolotti,Dorothy Ufot Pdf

Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.

Author : Johan Vannerom
Publisher : Unknown
Page : 1513 pages
File Size : 54,8 Mb
Release : 2021-11-18
Category : Arbitration and award
ISBN : 946236270X

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Materials on Commercial Law - Set Volumes II and III by Johan Vannerom Pdf

Please note that this set contains both Volume II and Volume III of Materials on Commercial Law. Especially for use by the students of the Erasmus School of Law, we have assembled two sets from the original three volumes of Materials on Commercial Law. More information about our second set with Volume I and II can be found here. ________________________________________________________________ An accident happened in the North Sea and I need a complete overview of the rules regarding oil pollution at sea. I need to draft a legal advice for a financial institution on paperless trade finance. I wish to have the legal rules applicable to copyrights and trademarks at hand during my client's meeting. As a student, I wish to have one compendium in which the most important materials and legal provisions on (International) Commercial Law are gathered. For these and many more examples, one can rely on the Materials on Commercial Law. Indeed, this reader bundles in three volumes the most important materials - even those published by soft-law organisations and not always easy to access by the public - in the eclectic field of commercial law. The reader is user-friendly via its index at the beginning of each Volume. The legislative texts are categorized per legal domain. In short, the reader is indispensable for every student, practitioner, magistrate and in-house counsel active in International Business & Trade.

Author : William F. Fox
Publisher : Springer
Page : 416 pages
File Size : 42,6 Mb
Release : 1988
Category : Business & Economics
ISBN : UOM:39015048961091

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International Commercial Agreements by William F. Fox Pdf