Contract Interpretation in Investment Treaty Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Formation and Third Party Beneficiaries

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Publisher : Oxford University Press
ISBN 13 : 0192535633
Total Pages : 634 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Formation and Third Party Beneficiaries by : Mindy Chen-Wishart

Download or read book Formation and Third Party Beneficiaries written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018-01-19 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.

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.

Contract Law Minimalism

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Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Commercial Law and Commercial Practice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311350
Total Pages : 710 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Commercial Law and Commercial Practice by : Sarah Worthington

Download or read book Commercial Law and Commercial Practice written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2003-12-19 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together leading scholars and practitioners from various jurisdictions with essays and commentaries co-ordinated around the theme of alignments and misalignments between commercial law and commercial practice. The purpose of the book is to prompt a more critical and constructive reassessment of current commercial law and its practices, and to instigate a more fruitful dialogue between academics, judges, law reformers and practitioners. The result is a series of provocative and challenging essays addressing an enormous range of problems that are of intimate concern to commercial practice. Some essays focus on broad themes, such as globalization and trust. Others address more specific issues, such as contract interpretation or constraining modern management. Yet another group targets special problems, such as dematerialisation or super-priority, in order to assess the success of commercial law in meeting commercial demands. The depth and breadth of issues addressed is a credit to the authors. Taken as a whole, the volume makes some pointed suggestions for improving the practices and processes, and indeed the future progress, of commercial law.

Philosophical Foundations of Contract Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

The Law of Contract

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198748817
Total Pages : 545 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law of Contract by : Janet O'Sullivan

Download or read book The Law of Contract written by Janet O'Sullivan and published by Oxford University Press. This book was released on 2016 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Core Text Series takes the reader straight to the heart of the subject, providing an invaluable and reliable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Contract provides students with a clear, straightforward, and comprehensive account of the core principles of contract law to enable a sound understanding of the subject. Written by Janet O'Sullivan, Fellow of Selwyn College, Cambridge, and Jonathan Hilliard, barrister at Wilberforce Chambers, this text covers all the key topics on LLB and GDL courses and introduces students to current debates in the field. The authors break down complex problems into manageable steps and self-test questions are provided at the end of each chapter to help reinforce learning and aid revision. Students can find answer guidance to these questions as well as additional support for their studies, including author videos discussing key cases, additional chapters, updates and web links on the accompanying Online Resource Centre.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Modern Law of Contract

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Author :
Publisher : Routledge
ISBN 13 : 0415630940
Total Pages : 581 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis The Modern Law of Contract by : Richard Stone

Download or read book The Modern Law of Contract written by Richard Stone and published by Routledge. This book was released on 2013 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Modern Law of Contract' provides a detailed account of the subject in England and Wales. Centred around a thorough analysis of case law and statute, it also takes into account a variety of theoretical approaches.

Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1316299236
Total Pages : 707 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Contract Law by : Neil Andrews

Download or read book Contract Law written by Neil Andrews and published by Cambridge University Press. This book was released on 2015-05-14 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significantly streamlined and updated, the second edition of Andrews' Contract Law now provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law's 'loose ends' strengthens students' ability to effectively analyse case law, and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through chapter material by concise chapter overviews and a two-colour text design that highlights important chapter elements. Suggestions for further reading and a rich bibliography, which point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics, lend further support for student learning.

O?Sullivan & Hilliard's The Law of Contract

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198897030
Total Pages : 533 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis O?Sullivan & Hilliard's The Law of Contract by : Janet O?Sullivan

Download or read book O?Sullivan & Hilliard's The Law of Contract written by Janet O?Sullivan and published by Oxford University Press. This book was released on 2024 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt:

North Carolina Contract Law

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (126 download)

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Book Synopsis North Carolina Contract Law by : Scott A. Miskimon

Download or read book North Carolina Contract Law written by Scott A. Miskimon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law of Contract

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198715781
Total Pages : 319 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Law of Contract by : Adrian Chandler

Download or read book Law of Contract written by Adrian Chandler and published by Oxford University Press, USA. This book was released on 2015 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you're feeling overwhelmed by a sea of revision, let OUP's Questions and Answers series keep you afloat Written by experienced examiners, the Q&As offer expert advice on what to expect from your exam, how best to prepare, and guidance on what examiners are really looking for. Revision isn't always plain sailing, but the Q&As will allow you to approach your exams with confidence. Q&As will help you succeed by: - identifying typical law exam questions - giving you model answers for up to 50 essay and problem-based questions - demonstrating how to structure a good answer - helping you to avoid common mistakes - advising you on how to make your answer stand out from the crowd - teaching you how to use your existing knowledge to convey exactly what the examiner is looking for - directing you to related further reading

Treaty Interpretation

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Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Textbook on Contract Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198732805
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Textbook on Contract Law by : Jill Poole

Download or read book Textbook on Contract Law written by Jill Poole and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear, authoritative, and user-friendly, giving you a firm, comprehensive, and contextual understanding of the law of contract, Key features, Case summaries and extracts throughout keep your focus on the important cases, Key points boxes allow you to check your understanding as you learn and revise, Further reading guides you towards the most relevant texts and articles, Examples and questions encourage you to deepen your understanding and apply what you've learnt Book jacket.

The Oxford Guide to Treaties

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Author :
Publisher :
ISBN 13 : 019884834X
Total Pages : 897 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by . This book was released on 2020 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

Q & A Revision Guide Law of Contract 2013 and 2014

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199661936
Total Pages : 329 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Q & A Revision Guide Law of Contract 2013 and 2014 by : Adrian Chandler

Download or read book Q & A Revision Guide Law of Contract 2013 and 2014 written by Adrian Chandler and published by Oxford University Press, USA. This book was released on 2013-01-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Q & A Law of Contract offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.