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Author: Clive Macmillan Schmitthoff
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 90
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Book Description
Author: Clive Macmillan Schmitthoff
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 90
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Book Description
Author: Fabien Gélinas
Publisher: Oxford University Press
ISBN: 0199916012
Category : Law
Languages : en
Pages : 329
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Book Description
If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.
Author:
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 0
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Author:
Publisher:
ISBN:
Category : Export sales contracts
Languages : en
Pages : 119
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Book Description
Author: Sara Kate Battersby
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 148
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Book Description
Author: Clive Maximilian Schmitthoff
Publisher:
ISBN:
Category : Usages of trade
Languages : en
Pages : 0
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Book Description
Author: Djakhongir Saidov
Publisher: Edward Elgar Publishing
ISBN: 1786436159
Category :
Languages : en
Pages : 480
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Book Description
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
Author: Fabien Gelinas
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Book Description
In examining trade usages in the transnational context, this chapter takes as its starting point the perspective of international commercial arbitration, where a narrow conception of usages has been favoured for reasons having to do with nationalized private international law, rather than reasons having currency in international arbitration. The general rules and principles that emerge from arbitral practice -- a part of business practice -- are better understood on a continuum with the narrower trade usages that represent a kind of lex specialis in various industries. A broader conception of trade usages is consistent with the representation of usages in international instruments and would likely provide a better account of current arbitral practice. Trade usages in the transnational context may, therefore, be viewed as comprising not only normative practices peculiar to particular trades, industries, or places, but also rules and principles of international commercial contracts whose recognition affects parties' reasonable expectations.
Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 900419469X
Category : Law
Languages : en
Pages : 706
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Book Description
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: Roy Goode
Publisher: OUP Oxford
ISBN: 0191632392
Category : Law
Languages : en
Pages : 1810
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Book Description
Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.
