International Commercial Contracts

Applicable Sources and Enforceability

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 110702918X

Category: Law

Page: 346

View: 2214

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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.
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Unidroit Principles of International Commercial Contracts

An Article-by-article Commentary

Author: Eckart Brödermann

Publisher: N.A

ISBN: 9783848748129

Category: Commercial law

Page: 531

View: 7123

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"The UNIDROIT principles of international commercial contracts provide a...tool for cross-border contracts restating an international understanding of global contract law. They can be chosen as a neutral and pragmatic business oriented contractual regime for cross-border contracts, developed under the auspices and finally approved by the intergovernmental organization UNIDROIT (Rome). They contain over 50 solutions to typical contractual questions constituting compromises between civil and common law. The United Nations Commission on International Trade Law has endorsed their use 'as appropriate, for their intended purposes.' The commentary analyses the UNIDROIT principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply."--
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Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

Author: Stefan Vogenauer,Jan Kleinheisterkamp

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 1319

View: 6999

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This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts
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International Commercial Agreements: An Edinburgh Law Guide

An Edinburgh Law Guide

Author: Michala Meiselles

Publisher: Edinburgh University Press

ISBN: 0748679057

Category: Law

Page: 336

View: 5980

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A key reference tool for business managers, lawyers and students, this accessible book covers the essential issues that need to be dealt with when negotiating, planning and writing international commercial agreements. It looks at the issues that must be taken into account when a business located in one country is contracting with a business located in another country, exploring the framework within which such international commercial agreements are concluded.
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The Unidroit Principles of International Commercial Contracts

A Governing Law?

Author: David Oser

Publisher: Martinus Nijhoff Publishers

ISBN: 9004167897

Category: Law

Page: 184

View: 1617

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This book offers in-depth analysis of the foundations of, and justifications for, application of the Unidroit Principles of International Commercial Contracts as the governing law to be recognized by arbitral tribunals and domestic courts.
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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

Author: Mert Elcin

Publisher: Universal-Publishers

ISBN: 1599423030

Category: Law

Page: 90

View: 6101

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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.
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Equilibrium in International Commercial Contracts

With Particular Regard to Gross Disparity and Hardship Provisions of the UNIDROIT Principles of International Commercial Contracts

Author: Ahmet Cemil Yıldırım

Publisher: N.A

ISBN: 9789058506696

Category: Commercial law

Page: 125

View: 859

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The 20th century has witnessed many wars, natural disasters, political and financial crises, the spread of information and communication technologies, and the expansion of global trade. These political, economical, and social events had some effect on legal systems, both in national and international levels. As these events altered the equilibrium of many contracts, legal institutions that regard the restoration of the equilibrium of reciprocal contractual undertakings were developed in the last century, such as lesion, unconscionability, unfairness, gabin, eccessiva onerosita sopravvenuta, imprevision, Wegfall der Geschafts-grundlage, i'lem temelinin cokmesi, and hardship. This book examines these institutions in the context of national, international, and transnational laws from a comparative point of view. It illustrates how the legal remedies are applied in periods of political and financial crises in the context of various legal systems. The book is the most complete study of the UNIDROIT Principles' provisions on gross disparity and hardship that also include the relevant arbitral case law.
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An International Restatement of Contract Law

The Unidroit Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

ISBN: 9004177167

Category: Law

Page: 691

View: 4730

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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.
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Hardship and Force Majeure in International Commercial Contracts

Dealing with Unforeseen Events in a Changing World

Author: Fabio Bortolotti,Dorothy Ufot

Publisher: Kluwer Law International B.V.

ISBN: 9403514736

Category: Law

Page: 232

View: 9682

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Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.
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Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Author: Giuditta Cordero-Moss

Publisher: Cambridge University Press

ISBN: 1139500058

Category: Law

Page: N.A

View: 8109

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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.
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