Autonomy in International Contracts

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Publisher : Oxford University Press
ISBN 13 : 9780198262701
Total Pages : 330 pages
Book Rating : 4.2/5 (627 download)

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Book Synopsis Autonomy in International Contracts by : Peter Edward Nygh

Download or read book Autonomy in International Contracts written by Peter Edward Nygh and published by Oxford University Press. This book was released on 1999 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe. This fascinating analysis will be welcomed by practitioners and scholars alike.

International Commercial Litigation

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Publisher : Cambridge University Press
ISBN 13 : 0521868076
Total Pages : 963 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.

Party Autonomy in Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

The Scope of Autonomy in International Contracts and Its Relation to Economic Regulation and Development

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Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.:/5 (111 download)

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Book Synopsis The Scope of Autonomy in International Contracts and Its Relation to Economic Regulation and Development by : Philip J. McConnaughay

Download or read book The Scope of Autonomy in International Contracts and Its Relation to Economic Regulation and Development written by Philip J. McConnaughay and published by . This book was released on 2001 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Party Autonomy in International Contracts

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Author :
Publisher :
ISBN 13 :
Total Pages : 106 pages
Book Rating : 4.:/5 (176 download)

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Book Synopsis Party Autonomy in International Contracts by : Petra Carey

Download or read book Party Autonomy in International Contracts written by Petra Carey and published by . This book was released on 2007 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration and International Trade in the Arab Countries

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Author :
Publisher : BRILL
ISBN 13 : 9004357483
Total Pages : 1340 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Arbitration and International Trade in the Arab Countries by : Nathalie Najjar

Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.

Research Handbook on International Commercial Contracts

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178897106X
Total Pages : 368 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Commercial Contracts by : Andrew Hutchison

Download or read book Research Handbook on International Commercial Contracts written by Andrew Hutchison and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Party Autonomy and the Role of Information in the Internal Market

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 9783110170030
Total Pages : 450 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy and the Role of Information in the Internal Market by : Stefan Grundmann

Download or read book Party Autonomy and the Role of Information in the Internal Market written by Stefan Grundmann and published by Walter de Gruyter. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.

Regulatory Autonomy in International Economic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785368176
Total Pages : 259 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Regulatory Autonomy in International Economic Law by : Andrew D. Mitchell

Download or read book Regulatory Autonomy in International Economic Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Party Autonomy in Contractual Choice of Law in China

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Publisher : Cambridge University Press
ISBN 13 : 1316761711
Total Pages : 377 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Party Autonomy in Contractual Choice of Law in China by : Jieying Liang

Download or read book Party Autonomy in Contractual Choice of Law in China written by Jieying Liang and published by Cambridge University Press. This book was released on 2018-03-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

Party Autonomy in Latin America

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Publisher :
ISBN 13 :
Total Pages : 285 pages
Book Rating : 4.:/5 (74 download)

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Book Synopsis Party Autonomy in Latin America by : María I. Vial Undurraga

Download or read book Party Autonomy in Latin America written by María I. Vial Undurraga and published by . This book was released on 2010 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Party autonomy in international contracts is widely accepted worldwide and said to belong to the "common core of the legal systems". However, it is not statutorily accepted in some Latin American countries due to historical reasons. -- The consolidation of autonomy is needed in these countries since choice of law clauses are commonly included in international contracts connected to them and national courts vacillate as to upholding these clauses or not. This consolidation will secure the validity of these clauses and eradicate juridical uncertainty about their efficacy. Further, it will help to update, perfect and harmonize conflict rules which arc now quite diverse and sometimes inadequate to determine the law governing contracts. -- OAS intended that this consolidation be produced by The Inter American Convention on the Law Applicable to International Contracts, Mexico 1994. This Convention, however, seems to have failed in its objective. It has received only two ratifications and whether there will be more is uncertain due to its restricted scope of application, the need to supplement the Convention with national conflict provisions which do not exist in some countries and its conflict with the legal tradition of some of the countries. -- The consolidation of autonomy will require harmonising amendment of the domestic rules on contracts of those countries which reject or have no rules on autonomy. This amendment might be fostered by a non-binding instrument - a Model Law or a set of General Principles on Choice of Law in International Contracts- drafted by an authoritative international organ such as UNCITRAL or the Hague Conference on Private International Law that includes rules on autonomy widely accepted in comparative law but also respectful of the Latin American legal tradition.

Framing Contract Law

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Publisher : Harvard University Press
ISBN 13 : 9780674023123
Total Pages : 432 pages
Book Rating : 4.0/5 (231 download)

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Book Synopsis Framing Contract Law by : Victor Goldberg

Download or read book Framing Contract Law written by Victor Goldberg and published by Harvard University Press. This book was released on 2006 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).

Party Autonomy in the International Contract Law: American-Swiss Aspects

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Publisher :
ISBN 13 :
Total Pages : 74 pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Party Autonomy in the International Contract Law: American-Swiss Aspects by : Elisabeth Irminger

Download or read book Party Autonomy in the International Contract Law: American-Swiss Aspects written by Elisabeth Irminger and published by . This book was released on 1953 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1107033489
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Commercial Arbitration by : Giuditta Cordero-Moss

Download or read book International Commercial Arbitration written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2013-03-14 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.

International Contracts and Party Autonomy in the New Peruvian Rules of Private International Law

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Publisher :
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.:/5 (226 download)

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Book Synopsis International Contracts and Party Autonomy in the New Peruvian Rules of Private International Law by : Albert Alex Forsyth

Download or read book International Contracts and Party Autonomy in the New Peruvian Rules of Private International Law written by Albert Alex Forsyth and published by . This book was released on 1985* with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations

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Author :
Publisher : Athena PressPub Company
ISBN 13 : 9781844012978
Total Pages : 488 pages
Book Rating : 4.0/5 (129 download)

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Book Synopsis Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations by : Seyed Nasrollah Ebrahimi

Download or read book Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations written by Seyed Nasrollah Ebrahimi and published by Athena PressPub Company. This book was released on 2004-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern views of freedom of contract recognise that the principle of party autonomy has a number of restrictions, such as the doctrines of public policy [ordre public], of good faith [bona fides], evasion of law [fraude a la loi], and mandatory rules [with various interchangeable expressions such as lois de police, lois d'application immediate, lois d'application imperative, loi d'application necessaire, lois d'application directe]. The concept of mandatory rules is regarded as one of the key concepts in post-war private international law, existing in various legal systems, and also in some regional and international conventions, thus influencing the functioning of conflict of laws rules. It has become in recent years one of the most debated topics, particularly in continental private international law, with no agreed criteria which identify with any precision the rules which qualify for such categorisation. Dr Ebrahimi's new work is a comprehensive study of the concept, function and application of mandatory rules in international contracts and their relationship to other institutions restricting the party autonomy and a free choice of law, in the light particularly of the Rome Convention on the Law Applicable on Contractual Obligations, 1980. Dr Ebrahimi, the associate professor of international law, in Tehran Azad University and also director of Legal & Contractual affairs of PEDEC/NIOC, is aiming at the citizens of a shrinking world, where trans-national contracts are born in the blink of an eye. But in the eyes of whose law are they enforceable? Which set of mandatory rules must be totally excluded? Does the 'unruly horse' of public policy have a role to play? Is the very concept of 'mandatory rules' a moribund one? And what are the faults of article 7(1)- the 'difficult donkey' of the 1980 Rome Convention? The achievement of this detailed and scholarly work is to explain the conflicting/overlapping terminologies clearly, and use statutes, case law and academic sources to clarify points of difficulty arising from the articles of the Convention, without, of course, losing sight of its stated function, namely to unify the business world rather than fragment it. This scholarly work and valuable guide is a welcome addition to textbooks in the fields of private international law, conflict of laws, international commercial and trade law, consumer and employment protection laws; and a commentary to fully understand the regional and international conventions on private international law, particularly the Hague Conventions on the Law Applicable to contracts for International Sale of Goods 1955 and 1986, the Mexico City Convention, 1994, and the Rome Convention on the Law Applicable to Contractual Obligations, 1980, and also a useful pointer to shape international contracts to come.

Regulatory Autonomy and International Trade in Services

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364316
Total Pages : 352 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Regulatory Autonomy and International Trade in Services by : Bregt Natens

Download or read book Regulatory Autonomy and International Trade in Services written by Bregt Natens and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.