Lex Mercatoria And Arbitration
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Lex Mercatoria And Arbitration
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Author : Thomas E. Carbonneau
language : en
Publisher:
Release Date : 1990
Lex Mercatoria And Arbitration written by Thomas E. Carbonneau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Arbitration and award, International categories.
International Commercial Arbitration And The New Lex Mercatoria
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Author : Serhat Eskiyörük
language : en
Publisher:
Release Date : 2014
International Commercial Arbitration And The New Lex Mercatoria written by Serhat Eskiyörük and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The Creeping Codification Of The New Lex Mercatoria
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Author : Klaus Peter Berger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Creeping Codification Of The New Lex Mercatoria written by Klaus Peter Berger 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 2010-01-01 with Law categories.
Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.
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.
Lex Mercatoria In Theory And Practice
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Author : Orsolya Toth
language : en
Publisher:
Release Date : 2014
Lex Mercatoria In Theory And Practice written by Orsolya Toth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The Creeping Codification Of The Lex Mercatoria
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Author : Klaus Berger
language : en
Publisher: Springer
Release Date : 1998-12-09
The Creeping Codification Of The Lex Mercatoria written by Klaus Berger and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-12-09 with Law categories.
Lex Mercatoria--a doctrine of transnational commercial law--can work for the everyday legal practice of the international practitioner. The Creeping Codification of the Lex Mercatoria introduces a method for the codification of transnational commercial law for precisely this purpose. The book first analyses the doctrinal basis of the modern lex mercatoria and introduces a coherent systematic framework of transnational commercial law. It then describes previous and modern efforts towards the codification of the lex mercatoria, such as the UNIDROIT Principles and the principles of European Contract Law drafted by the Lando Commission. As a practical alternative to these initiatives, this book presents the idea of Creeping Codification of Transnational Commercial Law, a comprehensive, regularly updated list of over 60 principles and rules that easily be incorporated into day-to-day practice. This work saves practitioners time and money by providing an easily accessed list of relevant rules and principles, thereby reducing the comparative law research needed to master the lex mercatoria. It supplies an understanding of the lex mercatoria and how to apply it in daily practice. It also offers insights into the rules of international arbitration, and more generally, into the development of transnational commercial law.
Lex Mercatoria
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Author : Francis Rose
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-28
Lex Mercatoria written by Francis Rose and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Law categories.
This collection of essays has been written in honour of Francis Reynolds upon his retirement, in recognition of his great service to the law during his distinguished career. They cover the areas in which Francis Reynolds has been most active – English commercial and maritime law in an international context. Topics covered include contract law, the law of agency, carriage of goods by sea, international sale of goods, bankers’ commercial credits and conflict of laws.
Normative Pluralism And International Law
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Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-22
Normative Pluralism And International Law written by Jan Klabbers 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 2013-04-22 with Law categories.
This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.
Conflict Of Laws In International Arbitration
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Author : Franco Ferrari
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
Conflict Of Laws In International Arbitration written by Franco Ferrari and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
The Forces Of Economic Globalization
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Author : Katherine Lynch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
The Forces Of Economic Globalization written by Katherine Lynch 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 2003-01-01 with Law categories.
Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.