Interpretation Of Contracts In Comparative And Uniform Law
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Interpretation Of Contracts In Comparative And Uniform Law
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Author : Ahmet Cemil Yildirim
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-14
Interpretation Of Contracts In Comparative And Uniform Law written by Ahmet Cemil Yildirim and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-14 with Business & Economics categories.
Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: International Litigation in Press
Release Date : 2022
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by International Litigation in Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Global Sales And Contract Law
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Author : Ingeborg Schwenzer
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-01-26
Global Sales And Contract Law written by Ingeborg Schwenzer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Business & Economics categories.
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
Use Of The Unidroit Principles To Interpret And Supplement Domestic Contract Law
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Author : Alejandro Garro
language : en
Publisher: Springer Nature
Release Date : 2020-11-03
Use Of The Unidroit Principles To Interpret And Supplement Domestic Contract Law written by Alejandro Garro and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Law categories.
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.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
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.
The Plurality And Synergies Of Legal Traditions In International Arbitration
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Author : Nayla Comair Obeid
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-02-20
The Plurality And Synergies Of Legal Traditions In International Arbitration written by Nayla Comair Obeid and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-20 with Law categories.
The cultural diversity characterizing international arbitration today is as much a source of enrichment as it is sometimes a source of practical difficulties affecting both the arbitration procedure and the application of substantive law. Consequently, it is becoming clearer that the critical project for international arbitration in the immediate future will be how to best answer the fundamental question of cultural pluralism. This book presents an informative and well-argued discussion on many aspects of international arbitration, clarifying the main procedural and substantive similarities and differences between different legal systems around the world, focusing not only on common and civil law traditions but also the role played by regional legal traditions including Islamic law and African perspectives. With contributions from fifty arbitrators, counsel, and academics representing every region of the world where international arbitration has secured a foothold, the volume consolidates and synthesizes a series of discussions sponsored by the Chartered Institute of Arbitrators that took place in Dubai, Johannesburg, and Paris in 2017. The essays identify and address the cultural distinctions that affect the key ever-present factors which have forged the character of modern international arbitration, such as the following: the seat of the arbitration and the legal regime to which the arbitration is attached; due process, which has different and specific meanings in different national legal systems; international standards such as international public policy, illegality, arbitrability, and sanctions; the immunity of international arbitrators; form of presentation of evidence, production of documents, oral and written submissions, and expert evidence; the specific context of international investment arbitration; disputes in specific industries or legal areas (telecommunications, construction, mining, intellectual property); the role of national judges and the legal traditions they embrace throughout and after arbitration proceedings; how to incorporate more conciliatory cultural traditions, which are notably shared in many African and Asian countries; and training and opportunities for the next generation in international arbitration. The book is replete with tools and recommendations to ensure synergy and harmony between the different legal traditions that coexist in today’s arbitral proceedings. All users of arbitration, whether the arbitrators themselves, lawyers involved as counsel for parties, or judges applying arbitration law, will greatly appreciate this matchless elucidation of the different systems and alternative ways of presenting the divergent procedures and ways of conducting international arbitrations. The book’s immeasurable value to arbitration academics goes without saying.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law
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Author : John Felemegas
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law written by John Felemegas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Interpretation And Gap Filling In International Commercial Contracts
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Author : Ayse Nihan Karadayi Yalim
language : en
Publisher:
Release Date : 2019
Interpretation And Gap Filling In International Commercial Contracts written by Ayse Nihan Karadayi Yalim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Commercial law categories.
With the growth of cross-border business, the rather important but complex and controversial topic of interpretation and gap filling in international commercial contracts receives more and more attention. International legal instruments such as CISG, UNIDROIT Principles, PECL and DCFR provide rules in order to interpret international commercial contracts in a uniform way. However, while these instruments may bring together already existing national concepts, they must of course be understood beyond the domestic concepts and approaches as such. This book is an autonomous comparison across the above-mentioned international legal instruments, with a focus on the rules on interpretation and gap filling that provides the necessary theoretical background and case law to understand the rules in practice. Interpretation and Gap Filling in International Commercial Contracts examines the uniform and harmonised set of rules in their own right; without comparison to national laws, but in their own unique setting of international commercial contracts. It is a practical user guide for both scholars and practitioners. Dr Ayse Nihan Karadayi is a postdoctoral researcher on international contract law at the University of Antwerp, Belgium.
Routledge Handbook On Transnational Commercial Law
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Author : Bruno Zeller
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-21
Routledge Handbook On Transnational Commercial Law written by Bruno Zeller and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-21 with Law categories.
This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution. The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past twenty years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law. Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.