International Trade Usages
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International Trade Usages
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Author : Clive Macmillan Schmitthoff
language : en
Publisher:
Release Date : 1987
International Trade Usages written by Clive Macmillan Schmitthoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business categories.
Trade Usages And Implied Terms In The Age Of Arbitration
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Author : Fabien G?linas
language : en
Publisher: Oxford University Press
Release Date : 2016-04-08
Trade Usages And Implied Terms In The Age Of Arbitration written by Fabien G?linas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
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.
Research Handbook On International And Comparative Sale Of Goods Law
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Author : Djakhongir Saidov
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On International And Comparative Sale Of Goods Law written by Djakhongir Saidov and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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.
The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community
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Author : Mert Elcin
language : en
Publisher: Universal-Publishers
Release Date : 2010
The Applicable Law To International Commercial Contracts And The Status Of Lex Mercatoria With A Special Emphasis On Choice Of Law Rules In The European Community written by Mert Elcin and has been published by Universal-Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
International Trade Law
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Author : Indira Carr
language : en
Publisher: Routledge
Release Date : 2013-11-26
International Trade Law written by Indira Carr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.
International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: • Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004 • E-Commerce issues, including electronic bills of lading • Insurance and payment mechanisms, such as letters of credit and the UCP 600 • International transportation of cargo, including the Rotterdam Rules • Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation • Corruption and anti-corruption conventions, including the UK Bribery Act 2010 In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
International Trade And Business Law Annual
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Author : Gabriel Moens
language : en
Publisher: Routledge
Release Date : 2001-05-01
International Trade And Business Law Annual written by Gabriel Moens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-01 with Law categories.
The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law. The Annual publishes leading articles, casenotes, and comments, as well as book reviews dealing with international trade and business law issues. The volume is supervised by an international board of editors consisting of leading international trade law practitioners and academics from the European Community, the United States, Asia and Australia. Each volume is aimed at providing the legal and business communities with information, knowledge and understanding of recent developments in international trade and transnational business issues.
Advanced Introduction To International Sales Law
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Author : Clayton P. Gillette
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-03-25
Advanced Introduction To International Sales Law written by Clayton P. Gillette and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-25 with Business & Economics categories.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: • Concise and compact overview of the CISG • Includes contemporary developments • Provides a theoretical basis for evaluating international sales law • Considers perspectives of economic analysis of law.
Commercial Law In British India Including The Rules Of International Law The Law As To Interpretation Of Commercial Contracts Trade Usages And The Sale Of Goods
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Author : Charles Oliver Remfry
language : en
Publisher:
Release Date : 1912
Commercial Law In British India Including The Rules Of International Law The Law As To Interpretation Of Commercial Contracts Trade Usages And The Sale Of Goods written by Charles Oliver Remfry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Commercial law categories.
International Business Law And Lex Mercatoria
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Author : Filip De Ly
language : en
Publisher: Emerald Group Publishing
Release Date : 1992
International Business Law And Lex Mercatoria written by Filip De Ly and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.
Letter Of Intent In International Contracting
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Author : Ekaterina Pannebakker
language : en
Publisher:
Release Date : 2016
Letter Of Intent In International Contracting written by Ekaterina Pannebakker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Contracts categories.
Letter of Intent in International Contracting' provides readers with a unique point of reference on the legal effects of letter of intent - the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in letter of intent and comments on them based on a thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Code civil in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. The book is a result of doctoral research conducted at the Erasmus University Rotterdam. This book is relevant to legal practitioners working in the field of international contracts as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices --Source other than Library of Congress.