Arbitration and Complex International Contracts: Legal philosophy
Title | Arbitration and Complex International Contracts: Legal philosophy PDF eBook |
Author | Joachim G. Frick |
Publisher | |
Pages | 320 |
Release | 2002 |
Genre | Conflict of laws |
ISBN |
Arbitration in Complex International Contracts
Title | Arbitration in Complex International Contracts PDF eBook |
Author | Joachim Frick |
Publisher | Kluwer Law International B.V. |
Pages | 338 |
Release | 2001-10-24 |
Genre | Law |
ISBN | 9041116621 |
The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.
Arbitration and Complex International Contracts: Moral and political philosophy
Title | Arbitration and Complex International Contracts: Moral and political philosophy PDF eBook |
Author | Joachim G. Frick |
Publisher | |
Pages | 320 |
Release | 2002 |
Genre | Conflict of laws |
ISBN | 9781840140385 |
Legal Theory of International Arbitration
Title | Legal Theory of International Arbitration PDF eBook |
Author | Emmanuel Gaillard |
Publisher | BRILL |
Pages | 204 |
Release | 2010-05-03 |
Genre | Law |
ISBN | 9004187154 |
The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.
Arbitration and Complex International Contracts
Title | Arbitration and Complex International Contracts PDF eBook |
Author | Joachim G. Frick |
Publisher | |
Pages | 320 |
Release | 2001 |
Genre | Arbitration and award, International |
ISBN | 9783725542710 |
The Idea of Arbitration
Title | The Idea of Arbitration PDF eBook |
Author | Jan Paulsson |
Publisher | |
Pages | 331 |
Release | 2013-11 |
Genre | Law |
ISBN | 0199564167 |
Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
Damages in International Arbitration Under Complex Long-term Contracts
Title | Damages in International Arbitration Under Complex Long-term Contracts PDF eBook |
Author | Herfried Wöss |
Publisher | |
Pages | 357 |
Release | 2015 |
Genre | Breach of contract |
ISBN | 9780191819667 |
Damages are a topic of central importance in international arbitration, being very often the principal concern of the parties, and an indication of the performance of their counsel. They are also one of the most complex topics. This book addresses the many competing factors that contribute to their nature and amount: while they are compensatory, they may be subject to counterclaims and set-offs, affected by failures to mitigate, or inflated by considerations such as interest and costs.