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Boilerplate Clauses International Commercial Contracts And The Applicable Law

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Size: 38.13 MB
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With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

International Commercial Contracts

Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 110702918X
Size: 22.15 MB
Format: PDF
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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.

International Investment Law And Soft Law

Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Size: 25.85 MB
Format: PDF, ePub
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This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

A Short Guide To Contract Risk

Author: Ms Helena Haapio
Publisher: Gower Publishing, Ltd.
ISBN: 1409473651
Size: 56.89 MB
Format: PDF, Docs
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Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.

Comparability And Evaluation

Author: Katharina Boele-Woelki
Publisher: Aspen Pub
ISBN:
Size: 78.21 MB
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The lectures and publications by Professor Kokkini-Iatridou on the criteria of the tertium comparationis and her arguments For The necessity of an evaluation judgement are characteristic of her perspective on the methodology of comparative law. Therefore, this Liber Amicorum is entitled: Comparability and Evaluation . The contributions cover the areas in which Professor Kokkini-Iatridou has taught and published: comparative law, private international law and international commercial arbitration. They are in English, German and French.

Festschrift F R Hans Stoll Zum 75 Geburtstag

Author: Gerhard Hohloch
Publisher: Mohr Siebeck
ISBN: 9783161476747
Size: 71.21 MB
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English summary: In these articles, colleagues, friends and students of Hans Stoll pay tribute to him on his 75th birthday. He is a scholar and teacher who in his studies of German, international and foreign private law was particularly instrumental in the development of the German law of obligations and of international private law. German description: Anlasslich seines 75. Geburtstags ehren Fachkollegen, Freunde und Schuler mit ihren Beitragen Hans Stoll, einen Wissenschaftler und akademischen Lehrer, der in fast 50 Jahren der Beschaftigung mit dem deutschen, internationalen und auslandischen Privatrecht die Entwicklung insbesondere des deutschen Schuldrechts und des internationalen Privatrechts mitgepragt hat.

The Transnational Law Of International Commercial Transactions

Author: James Barrigan Marcantonio
Publisher: Kluwer Law Intl
ISBN:
Size: 39.96 MB
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Every international corporate executive, customs broker, banker, & attorney needs to know what the new North American Free Trade Agreement (NAFTA) will mean to their business & their client's business. This book is an easy to understand summary & analysis of the major provisions of this landmark accord & the side agreements negotiated to assure its passage. It is written in terms simple enough for the layman, but also contains the detailed information that will assist the experienced international trade executive or attorney. A short summary of the contents of this book: * Analysis of Tariff Removals & Staging of Reductions * Reduction in Barriers of Investment * Opening of Trade in the Service Sector * Energy Provisions * Standards & Phytosanitary Regulations * Dispute Settlement Mechanisms * New Transportation Rules * Rules of Origin * Liberalization of Trade in Automotive Products & Parts * Effect on Quotas * Implementation Procedures * New Government Procurement Opportunities * Changes in Customs Procedures. This book is designed to be a practical daily reference tool on your desk or in your briefcase, not just in the library shelf.