Download or read book Lex Mercatoria and Arbitration written by Thomas E. Carbonneau and published by . This book was released on 1990 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Creeping Codification of the New Lex Mercatoria written by Klaus Peter Berger and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International commercial arbitration and the new lex mercatoria written by Serhat Eskiyörük and published by . This book was released on 2014 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 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 published by Universal-Publishers. This book was released on 2010 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The New Lex Mercatoria and the UNCITRAL Model Law on International Commercial Arbitration written by William Frederick Ormiston and published by . This book was released on 1989 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Lex Mercatoria in International Commercial Arbitration written by Munib M. Khan and published by . This book was released on 2003 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normative Pluralism and International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2013-04-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Arbitration and International Commercial Law written by Eric E. Bergsten and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Download or read book The Creeping Codification of the Lex Mercatoria written by Klaus Berger and published by Springer. This book was released on 1998-12-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Download or read book The UNIDROIT Principles for International Commercial Contracts written by and published by ICC Publishing. This book was released on 1995 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Three Ages of International Commercial Arbitration written by Mikaël Schinazi and published by Cambridge University Press. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
Download or read book The Lex Mercatoria in International Commercial Arbitration written by and published by . This book was released on 1985 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Problems in International Arbitration written by Julian Lew and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
Download or read book Breach and Adaptation of International Contracts written by Ugo Draetta and published by MICHIE. This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 1 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.
Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.