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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: 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: Fabien Gelinas
Publisher:
ISBN:
Category :
Languages : en
Pages : 10
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Book Description
The complex relationship between law and contract is nowhere more apparent than in the age-old debate surrounding the legal characterization of usages. Many would agree that usages play only a minor role in the legal governance of societies, because this is how usages were presented to most of us who studied law more than ten or fifteen years ago. But usages have been given a new lease on life with the expansion of international commerce and the growing recognition of a transnational law of commercial contracts, a law merchant. What I propose to do is, briefly, to explore some of the consequences of the legal characterization of usages and, more generally, of the development of a transnational law of commercial contracts.
Author: Fabien Gélinas
Publisher: Oxford University Press
ISBN: 0199366780
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: Clive Macmillan Schmitthoff
Publisher:
ISBN:
Category : Business
Languages : en
Pages : 90
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Book Description
Author: Ainhoa Veiga-Torregrosa
Publisher:
ISBN:
Category :
Languages : en
Pages : 128
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Book Description
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.
Author: Fabien Gelinas
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
In the field of international commercial contracts, the move towards legal harmonization is seen mainly as a function of two vectorial forces: conventional uniform law and the lex mercatoria. In both cases, the decision-maker is frequently confronted by the silence of the law. By analysing the ways in which a decision-maker may resort to the general principles of law and trade usages to make the law speak, the author sets out the broad outlines of an attempt to help situate the sources of transnational law between law and contract on one hand, and between formal law and informal law on the other.
Author: Royston Miles Goode
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 836
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Book Description
This companion to 'Transnational Commercial Law - Text, Cases and Materials' contains up-to-date primary materials for students without linking commentary.
Author: Klaus Peter Berger
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
It has been clear for some time that commercial law has been undergoing a `transnationalization' process, with various sets of rules (often referred to collectively as Lex mercatoria or the New Law Merchant) supplanting national and local laws governing the mechanisms by which cross-border agreements are entered into and disputes settled. _In order to clarify the nature and extent of this process, a scientific survey, sponsored by the Volkswagen Foundation and using empirical methodology, was designed by a Research Team from the Center for Transnational Law (CENTRAL) of Münster University, Germany. A questionnaire was sent out to more than 2,700 practitioners from major companies and international law firms in 78 countries asking for the addressees' experience with transnational law in international contract negotiations, contract drafting, and international commercial arbitration. The results of this enquiry, along with analysis and commentary from several well-known authorities in the fields of international commercial arbitration and private international law, were presented at a conference in Münster in May, 2000. This book is a record of that conference. This book provides, for the first time, a comprehensive and realistic evaluation of how transnational commercial law is used in international legal practice today. The contributions of the speakers--including Yves Derains on the ICC Arbitration Rules and Michael Joachim Bonell on the UNIDROIT Principles, as well as commentary by Emmanuel Gaillard, Friedrich K. Juenger, Norbert Horn, and Klaus Peter Berger--add an insightful and lively dimension to the empirical data presented in the annexes. _Commercial law practitioners and business people all over the world will appreciate the new level of discussion initiated by this important book.
Author: Norbert Horn
Publisher:
ISBN:
Category : Finance
Languages : en
Pages :
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Book Description
