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Author : Ugo Draetta
Publisher : MICHIE
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.F/5 ( download)
Download or read book Breach and Adaptation of International Contracts written by Ugo Draetta and published by MICHIE. This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Abul F. M. Maniruzzaman
Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.:/5 (435 download)
Download or read book The Lex Mercatoria and International Contracts written by Abul F. M. Maniruzzaman and published by . This book was released on 1998* with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Klaus Peter Berger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131795
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Creeping Codification of the New Lex Mercatoria written by Klaus Peter Berger and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.
Author : Mert Elcin
Publisher : Universal-Publishers
ISBN 13 : 1599423030
Total Pages : 89 pages
Book Rating : 4.5/5 (994 download)
Download or read book The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community written by Mert Elcin and published by Universal-Publishers. This book was released on 2010 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
Author : A. F. M. Maniruzzaman
Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.:/5 (129 download)
Download or read book The Lex Mercatoria and International Contracts written by A. F. M. Maniruzzaman and published by . This book was released on 2012 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quest for a third legal order, popularly known as the lex mercatoria, stems from many jurists' conviction that neither municipal law nor international law is appropriate or suitable for dealing with international commercial disputes when parties from different countries are involved. There appears to be some perennial issues of the lex mercatoria that have created controversies amongst the jurists. Furthermore, scant attention has been paid in the literature to the issue of the lex mercatoria's applicability to State contracts. The purpose of this article is to evaluate these controversial issues afresh in the light of recent developments. The article, however, concentrates on the lex mercatoria primarily as a body of substantive law applicable to international commercial contracts, including State contracts, in the context of international commercial arbitration.
Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 113995234X
Total Pages : 347 pages
Book Rating : 4.1/5 (399 download)
Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2014-05-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Author : Andrew Hutchison
Publisher : Edward Elgar Publishing
ISBN 13 : 178897106X
Total Pages : 368 pages
Book Rating : 4.7/5 (889 download)
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.
Author : Catharine Titi
Publisher : Oxford University Press
ISBN 13 : 0198868006
Total Pages : 225 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Author :
Publisher : ICC Publishing
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.3/5 (511 download)
Download or read book The UNIDROIT Principles for International Commercial Contracts written by and published by ICC Publishing. This book was released on 1995 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas E. Carbonneau
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.:/5 (42 download)
Download or read book Lex Mercatoria and Arbitration written by Thomas E. Carbonneau and published by . This book was released on 1990 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900419469X
Total Pages : 706 pages
Book Rating : 4.0/5 (41 download)
Download or read book An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1316514234
Total Pages : 527 pages
Book Rating : 4.3/5 (165 download)
Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2023-12-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004177167
Total Pages : 706 pages
Book Rating : 4.0/5 (41 download)
Download or read book An International Restatement of Contract Law written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. 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. Published under the Transnational Publishers imprint.
Author : Francis Rose
Publisher : Taylor & Francis
ISBN 13 : 1000341542
Total Pages : 440 pages
Book Rating : 4.0/5 (3 download)
Download or read book Lex Mercatoria written by Francis Rose and published by Taylor & Francis. This book was released on 2021-10-28 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays has been written in honour of Francis Reynolds upon his retirement, in recognition of his great service to the law during his distinguished career. They cover the areas in which Francis Reynolds has been most active – English commercial and maritime law in an international context. Topics covered include contract law, the law of agency, carriage of goods by sea, international sale of goods, bankers’ commercial credits and conflict of laws.
Author : Klaus Berger
Publisher : Springer
ISBN 13 : 9789041110947
Total Pages : 0 pages
Book Rating : 4.1/5 (19 download)
Download or read book The Creeping Codification of the Lex Mercatoria written by Klaus Berger and published by Springer. This book was released on 1998-12-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lex Mercatoria--a doctrine of transnational commercial law--can work for the everyday legal practice of the international practitioner. The Creeping Codification of the Lex Mercatoria introduces a method for the codification of transnational commercial law for precisely this purpose. The book first analyses the doctrinal basis of the modern lex mercatoria and introduces a coherent systematic framework of transnational commercial law. It then describes previous and modern efforts towards the codification of the lex mercatoria, such as the UNIDROIT Principles and the principles of European Contract Law drafted by the Lando Commission. As a practical alternative to these initiatives, this book presents the idea of Creeping Codification of Transnational Commercial Law, a comprehensive, regularly updated list of over 60 principles and rules that easily be incorporated into day-to-day practice. This work saves practitioners time and money by providing an easily accessed list of relevant rules and principles, thereby reducing the comparative law research needed to master the lex mercatoria. It supplies an understanding of the lex mercatoria and how to apply it in daily practice. It also offers insights into the rules of international arbitration, and more generally, into the development of transnational commercial law.
Author : Eckart Brödermann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503475
Total Pages : 953 pages
Book Rating : 4.4/5 (35 download)
Download or read book UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary written by Eckart Brödermann and published by Kluwer Law International B.V.. This book was released on 2023-05-12 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the Unidroit Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the Unidroit Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting. Die Unidroit Principles of International Commercial Contracts sind das ideale Instrument für grenzüberschreitende Verträge: sie bilden ein neutrales, pragmatisches und wirtschaftsorientiertes Regime für grenzüberschreitende Verträge sie enthalten zahlreiche praxisnahe Lösungen für übliche Vertragsfragen und versöhnen dabei Civil Law und Common Law Unidroit Principles werden in zahlreichen Entscheidungen von Schiedsgerichten oder nationalen Gerichten zitiert u.a. befürwortet von der Kommission der Vereinten Nationen für internationales Handelsrecht (zuletzt 2021) und der Union Internationale des Avocats (2020), die über ihre Anwaltskammern und Einzelmitglieder rund zwei Millionen Anwälte in mehr als 110 Ländern vereinen. Nach dreißig Jahren Anwendung in der Praxis kann es sich rächen, die Unidroit Principles zu ignorieren! Die vollständig überarbeiteten und erweiterte 2. Auflage des Kommentars analysiert weiterhin die Unidroit Principles, Artikel für Artikel, aus Sicht des Praktikers. Alternative Handlungsmöglichkeiten werden dort erörtert, wo sie sinnvoll und anwendbar sind. Der Kommentar enthält Vorschläge für die Wahl der Klauseln der Unidroit Principles und praktische Anleitungen für deren Verwendung, auch als Vorlage oder zur Ergänzung des CISG oder des nationalen Rechts. Neben Schiedsgerichts- und staatlichen Gerichtsentscheidungen sowie aktueller Literatur enthält die 2. Auflage eine eingehende Analyse des umfangreichen Gesetzesmaterials. Als deutscher Praktiker mit internationaler Ausbildung ist der Autor mit dem Common Law und dem Civil Law bestens vertraut. Er ist als Rechtsanwalt in New York zugelassen und lehrt als Professor für Rechtswissenschaften an der Universität Hamburg. Der Autor wendet die Unidroit Principles seit 20 Jahren in seiner täglichen Handels- und Schiedsgerichtspraxis an. Aufgrund zahlreicher Berichterstattung aus der Praxis bietet der Kommentar zugleich ein Handbuch und Checklisten zum allgemeinen Schuldrecht in grenzübergreifenden Fällen.
Author : International Institute for the Unification of Private Law
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (511 download)
Download or read book Principles of International Commercial Contracts written by International Institute for the Unification of Private Law and published by . This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
