Mediation And Commercial Contract Law

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Mediation and Commercial Contract Law

Maryam Salehijam
Mediation and Commercial Contract Law Book PDF

Author : Maryam Salehijam
Publisher : Routledge
Page : 155 pages
File Size : 46,5 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.

Commercial Contract Law and Arbitration

Mads Andenas,Maren Heidemann
Commercial Contract Law and Arbitration Book PDF

Author : Mads Andenas,Maren Heidemann
Publisher : Taylor & Francis
Page : 222 pages
File Size : 53,7 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.

International Commercial Contracts

Giuditta Cordero-Moss
International Commercial Contracts Book PDF

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
Page : 347 pages
File Size : 41,6 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.

New Developments in Civil and Commercial Mediation

Carlos Esplugues,Louis Marquis
New Developments in Civil and Commercial Mediation Book PDF

Author : Carlos Esplugues,Louis Marquis
Publisher : Springer
Page : 762 pages
File Size : 51,6 Mb
Release : 2015-09-11
Category : Law
ISBN : 9783319181356

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New Developments in Civil and Commercial Mediation by Carlos Esplugues,Louis Marquis Pdf

By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

IT Contracts and Dispute Management

Steven Baker,Lawrence Akka,Rachel Glass
IT Contracts and Dispute Management Book PDF

Author : Steven Baker,Lawrence Akka,Rachel Glass
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 52,7 Mb
Release : 2018-03-30
Category : BUSINESS & ECONOMICS
ISBN : 9781784710125

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IT Contracts and Dispute Management by Steven Baker,Lawrence Akka,Rachel Glass Pdf

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Contract Law in International Commercial Arbitration

Peter Sester
Contract Law in International Commercial Arbitration Book PDF

Author : Peter Sester
Publisher : Kluwer Law International B.V.
Page : 365 pages
File Size : 43,9 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

International Commercial Mediation

Ronán Feehily
International Commercial Mediation Book PDF

Author : Ronán Feehily
Publisher : Cambridge University Press
Page : 369 pages
File Size : 43,9 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781108835886

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International Commercial Mediation by Ronán Feehily Pdf

An original, comprehensive study of the legal and regulatory issues surrounding commercial mediation across numerous jurisdictions.

Swiss Contract Law in International Commercial Arbitration

Christoph Müller
Swiss Contract Law in International Commercial Arbitration Book PDF

Author : Christoph Müller
Publisher : Cambridge University Press
Page : 822 pages
File Size : 54,7 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.

Contract Law in International Commercial Arbitration

Peter Sester
Contract Law in International Commercial Arbitration Book PDF

Author : Peter Sester
Publisher : Unknown
Page : 0 pages
File Size : 40,8 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

International Commercial Mediation

Cyril Chern
International Commercial Mediation Book PDF

Author : Cyril Chern
Publisher : Taylor & Francis
Page : 298 pages
File Size : 45,7 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781000341478

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International Commercial Mediation by Cyril Chern Pdf

International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

International and Comparative Mediation

Nadja Marie Alexander
International and Comparative Mediation Book PDF

Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 41,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041132246

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International and Comparative Mediation by Nadja Marie Alexander Pdf

"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Materials on Commercial Law - Set Volumes II and III

Johan Vannerom
Materials on Commercial Law Set Volumes II and III Book PDF

Author : Johan Vannerom
Publisher : Unknown
Page : 1513 pages
File Size : 40,8 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.

Global Sales and Contract Law

Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Global Sales and Contract Law Book PDF

Author : Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher : Oxford University Press, USA
Page : 1069 pages
File Size : 54,5 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.

Mediation in the Construction Industry

Penny Brooker,Suzanne Wilkinson
Mediation in the Construction Industry Book PDF

Author : Penny Brooker,Suzanne Wilkinson
Publisher : Routledge
Page : 252 pages
File Size : 46,5 Mb
Release : 2010-07-19
Category : Law
ISBN : 9781134029297

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Mediation in the Construction Industry by Penny Brooker,Suzanne Wilkinson Pdf

The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

Contract Law in Perspective

Linda Mulcahy
Contract Law in Perspective Book PDF

Author : Linda Mulcahy
Publisher : Routledge
Page : 261 pages
File Size : 54,9 Mb
Release : 2008-08-18
Category : Law
ISBN : 9781134066742

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Contract Law in Perspective by Linda Mulcahy Pdf

Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.