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Book
Global order beyond law : how information and communication technologies facilitate relational contracting in international trade
Author:
ISBN: 1509907432 1474202004 1782253912 Year: 2014 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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Abstract

Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order


Book
ICC Model International Sale Contract
Author:
ISBN: 9284202302 Year: 2013 Publisher: ICC Services

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Book
The international distribution agreement : a practical approach to transnational contracting across the European Union, the United States and Latin America
Author:
ISBN: 1627343296 Year: 2020 Publisher: Universal-Publishers

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"With the ever-increasing interconnection between markets, businesses and individuals from all over the globe, professionals are asked to develop a greater interest in the international implications of contracts. This book focuses attention on the distribution agreement, one of the most widely used contractual schemes in the practice of international exchanges, providing a analysis and information on the issues that should be considered by the practitioner when drafting, interpreting or executing an international agreement. Issues relating to the choice of the governing law, the competent court, the validity or invalidity of some clauses, the impact that the language of the contract may have, as well as the different meaning and scope of application of some principles, such as good faith and le estoppel, are analyzed from a transnational perspective, highlighting how the same issue can be regulated differently depending on the regulatory framework that governs it. In this second edition, the distribution relationship has been evaluated mainly across the legal systems of the European Union, the United States and Latin America, while not missing references to other regulatory frameworks, which are highlighted in correspondence with particular issues"--


Book
The culture of international arbitration and the evolution of contract law
Author:
ISBN: 0191757918 0191632589 0191632570 9780191632570 9780191757914 9780191632587 9780199658008 0199658005 Year: 2013 Publisher: Oxford New York Oxford University Press

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This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparativeanalysis of arbitral and judicial responses to contract law issues.Part I develops a theory of arbitral decision-mak


Book
Good faith in long-term relational supply contracts in the context of hardship from a comparative perspective
Author:
ISBN: 9811655138 981165512X Year: 2022 Publisher: Singapore : Springer,


Book
Contract Interpretation in Investment Treaty Arbitration : A Theory of the Incidental Issue
Author:
ISBN: 9004414703 9789004414679 9004414673 Year: 2022 Publisher: Leiden, The Netherlands : Koninklijke Brill NV,

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"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"--

Drafting international contracts. : an analysis of contract clauses.
Authors: ---
ISBN: 1571053557 9781571053558 9786612396212 1282396218 9047440226 9789047440222 Year: 2006 Publisher: Ardsley-on-Hudson Transnational publ.

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Features an analysis of the main clauses present in international contracts. This book offers an image or what the drafting of an international contract is or should be in the 21st century. It includes abundant quotations of actual clauses, with critical assessments. It helps understand how international contracts are drafted in practice.


Book
Cape Town convention
Author:
ISBN: 9004256563 9789004256569 1299975682 9781299975682 9789004208919 9004208917 Year: 2013 Volume: 8 Publisher: Leiden Martinus Nijhoff Publishers

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The UNIDROIT Convention on International Interests in Mobile Equipment created a new international regime of secured finance applicable to aircraft and rolling stock that facilitates the financing of this equipment by, among other things, enabling lenders to create a readily enforceable security interest in the equipment. The Space Assets Protocol extends the benefits of the convention to satellites and other space assets. This book explains the operation of the convention in a manner that is useful both to lawyers engaged in satellite finance as well as to academics who desire to obtain a more complete understanding of this treaty. The book also explores the relationship between the convention and the existing body of space law.


Periodical
The journal of world investment & trade. : Law, economics, politics.
ISSN: 22119000 16607112 Year: 2004 Publisher: Bedfordshire Genève Brill Werner


Book
Joint Venture Agreements in the Qatari Gas Industry : A Theoretical and an Empirical Analysis
Author:
ISBN: 3030126234 3030126226 Year: 2019 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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This book addresses a question of importance for both theory and practice: Why are joint venture agreements preferred over other types of agreements such as concession agreements, service contracts, and production sharing agreements in the Qatari gas industry? On a theoretical level, the author analyses this decision-making process by developing an approach that integrates a micro-level analysis, more specifically within international oil companies, with a macro-level analysis that spring from the organisational culture of the Qatari gas industry. At the micro level, the author proposes John Dunning’s eclectic paradigm (as one set of theoretical ideas) to explaining one element of the decision-making process leading to the preference for joint venture agreements, that is, that of international oil companies. At the macro-level, the author proposes Antony Giddens’ structuration theory (as another set of theoretical ideas) to explaining another part of this decision-making process, that is, how it is being shaped by the organisational culture of the Qatari gas industry. On an empirical level, the proposed book applies a combination of a micro-economic approach such as Dunning’s eclectic paradigm with a macro-sociological approach such as Giddens’ structuration theory by empirical investigation. Grounded on a qualitative strategy that focuses on the meaning-making which brings together different perspectives of this decision-making process including those of international oil companies and the organisational culture of the Qatari gas industry, the proposed book utilises a case study design, named the case of the Qatari gas industry. The author employs a triangulation of data collection techniques to access empirical data: analysing official documents and semi-structured interviews (a sample of the interview questions are included in an appendix to the proposed books). In line with the qualitative nature of this proposed book, a thematic Analysis is adopted to interpret data based on Dunning’s eclectic paradigm at the micro level and Giddens’ structuration theory at the macro level. In doing so, this book connects theory with practice by investigating the preference for joint venture agreements in the case of the Qatari industry by the combined application of one of the most effective frameworks for explaining foreign direct investment, named Dunning’s eclectic paradigm along with the most complex sociological framework that offers a rich definition of organisational culture, named Giddens’ structuration theory. Audience could include academics, professionals, and graduate and senior undergraduate students.

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