Unidroit S Rules In Practice Standard International Contracts And Applicable Rules
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Unidroit S Rules In Practice Standard International Contracts And Applicable Rules
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Author : G. Letterman
language : en
Publisher: Springer
Release Date : 2001-11-29
Unidroit S Rules In Practice Standard International Contracts And Applicable Rules written by G. Letterman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-29 with Law categories.
In the law of contracts, the term `internationalization' has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The trend has picked up speed in recent years, to the point where many business people want their contracts `internationalized' as a matter of course. This convenient volume contains the heart of the matter. It focuses on the essential elements that make a contract `international' in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. To clarify such an understanding of `internationalization,' the author describes and analyzes various aspects of international contract law regimes, including: The United Nations Convention on Contracts for the International Sale of Goods (CISG); The UNIDROIT Principles; CISG and UNIDROIT Jurisprudence; The lex mercatoria and other international, regional, and national contract law principles. A final chapter deals exclusively with practical applications--when to and when not to `internationalize' a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for `internationalization.'
The Unidroit Principles In Practice
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Author : Michael Joachim Bonell
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2006-09-01
The Unidroit Principles In Practice written by Michael Joachim Bonell and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-01 with Law categories.
Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.
An International Restatement Of Contract Law
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Author : Michael Joachim Bonell
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009-03-01
An International Restatement Of Contract Law written by Michael Joachim Bonell and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-01 with Law categories.
The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.
The Law Of Damages In International Sales
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Author : Djakhongir Saidov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Law Of Damages In International Sales written by Djakhongir Saidov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.
Searching The Law 3d Edition
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Author : Frank Bae
language : en
Publisher: BRILL
Release Date : 2021-12-13
Searching The Law 3d Edition written by Frank Bae and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-13 with Law categories.
Unidroit Principles Of International Commercial Contracts An Article By Article Commentary
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Author : Eckart Brödermann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-12
Unidroit Principles Of International Commercial Contracts An Article By Article Commentary written by Eckart Brödermann 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 2023-05-12 with Law categories.
The Unidroit Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the Unidroit Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the Unidroit Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting. Die Unidroit Principles of International Commercial Contracts sind das ideale Instrument für grenzüberschreitende Verträge: sie bilden ein neutrales, pragmatisches und wirtschaftsorientiertes Regime für grenzüberschreitende Verträge sie enthalten zahlreiche praxisnahe Lösungen für übliche Vertragsfragen und versöhnen dabei Civil Law und Common Law Unidroit Principles werden in zahlreichen Entscheidungen von Schiedsgerichten oder nationalen Gerichten zitiert u.a. befürwortet von der Kommission der Vereinten Nationen für internationales Handelsrecht (zuletzt 2021) und der Union Internationale des Avocats (2020), die über ihre Anwaltskammern und Einzelmitglieder rund zwei Millionen Anwälte in mehr als 110 Ländern vereinen. Nach dreißig Jahren Anwendung in der Praxis kann es sich rächen, die Unidroit Principles zu ignorieren! Die vollständig überarbeiteten und erweiterte 2. Auflage des Kommentars analysiert weiterhin die Unidroit Principles, Artikel für Artikel, aus Sicht des Praktikers. Alternative Handlungsmöglichkeiten werden dort erörtert, wo sie sinnvoll und anwendbar sind. Der Kommentar enthält Vorschläge für die Wahl der Klauseln der Unidroit Principles und praktische Anleitungen für deren Verwendung, auch als Vorlage oder zur Ergänzung des CISG oder des nationalen Rechts. Neben Schiedsgerichts- und staatlichen Gerichtsentscheidungen sowie aktueller Literatur enthält die 2. Auflage eine eingehende Analyse des umfangreichen Gesetzesmaterials. Als deutscher Praktiker mit internationaler Ausbildung ist der Autor mit dem Common Law und dem Civil Law bestens vertraut. Er ist als Rechtsanwalt in New York zugelassen und lehrt als Professor für Rechtswissenschaften an der Universität Hamburg. Der Autor wendet die Unidroit Principles seit 20 Jahren in seiner täglichen Handels- und Schiedsgerichtspraxis an. Aufgrund zahlreicher Berichterstattung aus der Praxis bietet der Kommentar zugleich ein Handbuch und Checklisten zum allgemeinen Schuldrecht in grenzübergreifenden Fällen.
Contract Law
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Author : Neil Andrews
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-26
Contract Law written by Neil Andrews 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 2011-05-26 with Law categories.
This textbook takes a fresh approach to contract law; as a first edition it reflects the subject in the 21st century more accurately than other texts. Comprehensive and scholarly, it maps the curriculum perfectly but detailed references and further reading sections encourage students to explore the subject further. Understanding is paramount and chapter introductions clearly guide students through the material. The textbook takes an innovative approach to case law: breaking down and discussing individual elements of a case and selecting short key extracts it gives students the tools to read cases independently and with confidence. An examination of the historical and theoretical foundations of the subject and a concluding chapter tracking emerging fields ensure the broadest possible perspective. Discussion of key recent cases such as Durham Tess Valley Airport (2010) and Chartbrook (2009) make this important new text a must for contract law students.
The Elgar Companion To Unidroit
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Author : Thomas John
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-04-12
The Elgar Companion To Unidroit written by Thomas John 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 2024-04-12 with Law categories.
This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.
Trade Usages And Implied Terms In The Age Of Arbitration
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Author : Fabien Gélinas
language : en
Publisher: Oxford University Press
Release Date : 2016-04-08
Trade Usages And Implied Terms In The Age Of Arbitration written by Fabien Gélinas 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.
The Oxford Handbook Of International Arbitration
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Author : Thomas Schultz
language : en
Publisher: Oxford University Press
Release Date : 2020-09-11
The Oxford Handbook Of International Arbitration written by Thomas Schultz 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 2020-09-11 with Law categories.
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.