Autonomy in International Contracts PDF Download
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Author: Peter Edward Nygh
Publisher: Oxford University Press
ISBN: 9780198262701
Category : Law
Languages : en
Pages : 330
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Book Description
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.
Author: Peter Edward Nygh
Publisher: Oxford University Press
ISBN: 9780198262701
Category : Law
Languages : en
Pages : 330
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Book Description
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.
Author: Trevor C. Hartley
Publisher: Cambridge University Press
ISBN: 0521868076
Category : Business & Economics
Languages : en
Pages : 963
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Book Description
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.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
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.
Author: Philip J. McConnaughay
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
Author: Petra Carey
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 106
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Book Description
Author: Nathalie Najjar
Publisher: BRILL
ISBN: 9004357483
Category : Law
Languages : en
Pages : 1340
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Book Description
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.
Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
ISBN: 178897106X
Category : Law
Languages : en
Pages : 368
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Book Description
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: Alex Mills
Publisher: Cambridge University Press
ISBN: 110867870X
Category : Law
Languages : en
Pages : 595
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Book Description
This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.
Author: Andrew D. Mitchell
Publisher: Edward Elgar Publishing
ISBN: 1785368176
Category : Law
Languages : en
Pages : 259
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Book Description
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.
Author: Zheng Sophia Tang
Publisher: Routledge
ISBN: 113601344X
Category : Law
Languages : en
Pages : 312
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Book Description
Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
