The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.

In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.

Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.

This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.

This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--