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Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
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Book Description
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.
Author: Melvin A. Eisenberg
Publisher: Oxford University Press
ISBN: 0199875677
Category : Law
Languages : en
Pages : 905
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Book Description
Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
Author: Yuliya Chernykh
Publisher: BRILL
ISBN: 9004414703
Category : Law
Languages : en
Pages : 629
Get Book Here
Book Description
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.
Author: Richard Calnan
Publisher: OUP Oxford
ISBN: 9780199681464
Category : Law
Languages : en
Pages : 0
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Book Description
This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.
Author: Alejandro Garro
Publisher: Springer Nature
ISBN: 3030543226
Category : Law
Languages : en
Pages : 408
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Book Description
This book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
Author: GEOFF R. HALL
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
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Book Description
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category : Law
Languages : en
Pages : 626
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Book Description
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Author: Arthur Linton Corbin
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 512
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Book Description
Author: Steven J. Burton
Publisher: Oxford University Press
ISBN: 0195337492
Category : Law
Languages : en
Pages : 251
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Book Description
This resource describes and analyses the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law.
Author: Richard K. Gardiner
Publisher: Oxford University Press, USA
ISBN: 0199669236
Category : Law
Languages : en
Pages : 577
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Book Description
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.
Author: Edward Allan Farnsworth
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 632
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Book Description
Bring the expertise of America's foremost authority on contracts into your practice with this thoroughly updated three-volume set. Farnsworth on Contracts, Second Edition, is where doctrine meets practice. Busy practitioners count on Famsworth's proven ability to identify the essentials and omit extraneous material. His comprehensive coverage of the full range of contract law answers questions in hundreds of important areas, including: Good faith and fair dealing -- Precontractual liability -- Agreements to negotiate -- Vienna Convention on International Sales -- Contracts -- UNIDROIT principles -- Constitutional issues -- Settlement of disputed claims by check -- Options and rights of first refusal -- Employee handbooks -- Covenants not to compete -- Self-help measures. He illustrates how contemporary contract law has been shaped by both the Restatement (Second) of Contracts for -- which he served as Reporter -- and the Uniform Commercial Code. Easy access to specifics, new cases, new drafting tips, new references, and timesaving features like cross-referenced cases and marginal heads make this three-volume set a valuable resource for litigation, arbitration, and practice. Farnsworth on Contracts was always the most authoritative contracts treatise -- in its Second Edition, it is also the most up-to-date.
