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Adaptation And Renegotiation Of Contracts In International Trade And Finance
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Book Synopsis Adaptation and Renegotiation of Contracts in International Trade and Finance by : Norbert Horn
Download or read book Adaptation and Renegotiation of Contracts in International Trade and Finance written by Norbert Horn and published by Springer. This book was released on 1985-02-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adaptation and Renegotiation of Contracts in International Trade and Finance
Book Synopsis International Trade & Business Law Review by : Gabriël Moens
Download or read book International Trade & Business Law Review written by Gabriël Moens and published by Psychology Press. This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trade and Business Law Review is the official publication of the Australian Institute of Foreign and Comparative Law. The Review includes leading articles, case notes and comments, as well as book reviews. and understanding of recent developments in international trade and transnational business. The Review contributes in a scholarly way to the discussion of these issues, whilst being informative and of practical relevance to business people. It also promotes further development of the trading relationship between Australia and its traditional trading partners, including the European Community and the APEC countries. of leading international trade law practitioners and academics from the European Community, the United States, Asia and Australia.
Book Synopsis Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements by : Wolfgang Peter
Download or read book Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements written by Wolfgang Peter and published by Kluwer Law International B.V.. This book was released on 1995-06-08 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.
Book Synopsis Contractual Renegotiations and International Investment Arbitration by : Aikaterini Florou
Download or read book Contractual Renegotiations and International Investment Arbitration written by Aikaterini Florou and published by BRILL. This book was released on 2020-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Book Synopsis Arbitration in Complex International Contracts by : Joachim Frick
Download or read book Arbitration in Complex International Contracts written by Joachim Frick and published by Kluwer Law International B.V.. This book was released on 2001-10-24 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.
Book Synopsis The Adaptation of Long-Term Gas Sale Agreements by Arbitrators by : Pietro Ferrario
Download or read book The Adaptation of Long-Term Gas Sale Agreements by Arbitrators written by Pietro Ferrario and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
Book Synopsis International Commercial Agreements and Electronic Commerce by : William F. Fox
Download or read book International Commercial Agreements and Electronic Commerce written by William F. Fox and published by Kluwer Law International B.V.. This book was released on 2018-03-26 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions 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 the legal experts.
Book Synopsis Predictability in Oil and Gas Investment Agreements by : Stanislava Nedeva
Download or read book Predictability in Oil and Gas Investment Agreements written by Stanislava Nedeva and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.
Book Synopsis Development Financing and Changes in Circumstances by : Bolivar Moura Rocha
Download or read book Development Financing and Changes in Circumstances written by Bolivar Moura Rocha and published by Routledge. This book was released on 2016-04-15 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999. This study starts with the reasons underlying that apparent bias of loan agreements to which developing country borrowers were parties and then develops to look at the issue of the potential benefits of having documentation evidencing developing country indebtedness provide for contractual relief for borrowers in case of adverse changes in circumstances.
Book Synopsis International Trade Law by : Indira Carr
Download or read book International Trade Law written by Indira Carr and published by Routledge. This book was released on 2013-11-26 with total page 1117 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: • Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004 • E-Commerce issues, including electronic bills of lading • Insurance and payment mechanisms, such as letters of credit and the UCP 600 • International transportation of cargo, including the Rotterdam Rules • Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation • Corruption and anti-corruption conventions, including the UK Bribery Act 2010 In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
Book Synopsis Practitioner's Handbook on International Commercial Arbitration by : Frank-Bernd Weigand
Download or read book Practitioner's Handbook on International Commercial Arbitration written by Frank-Bernd Weigand and published by OUP Oxford. This book was released on 2009-12-24 with total page 2585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.
Book Synopsis Hardship and Force Majeure in International Commercial Contracts by : Fabio Bortolotti
Download or read book Hardship and Force Majeure in International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International B.V.. This book was released on 2019-07-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Christoph Schreuer (juriste) Publisher :Cambridge University Press ISBN 13 :0521885590 Total Pages :1599 pages Book Rating :4.5/5 (218 download)
Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)
Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Book Synopsis Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by : Peng Guo
Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Book Synopsis Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-04-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: “... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King's Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Book Synopsis Lex Petrolea and International Investment Law by : Nima Mersadi Tabari
Download or read book Lex Petrolea and International Investment Law written by Nima Mersadi Tabari and published by Taylor & Francis. This book was released on 2016-09-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.
Book Synopsis Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 3 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-04-21 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: “It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious... likely to become a classic text in its field.” (American Journal of Comparative Law) Volume 3 of this new edition deals with the transnationalisation of contract law. It compares common law and civil law concepts, noting the origin of the one in commercial law and of the other in consumer law, and identifies the different attitudes to protection, risk management, and risk distribution. The volume also explores future directions in international commerce and finance, as well as the potential, effects, and challenges of e-commerce, the blockchain, and the emergence of the smart contract. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
