Maren Heidemann - Böcker

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

Transnational Commercial Law is a textbook that deals predominantly with substantive legal contract rules that apply across borders and are designed to govern cross-border business transactions. This is an emerging field of research, teaching and practical interest in international trade and commercial law, requiring reference to multiple areas of law, including both private and public international law, the law of specific commercial transactions and arbitration. For the first time Transnational Commercial Law combines all these relevant issues in one book, and provides a basis for further study as well as detailed, cutting edge academic analyses. It provides a compact yet accessible guide to the most important cornerstones of this evolving legal discipline.Transnational Commercial Law is aimed primarily for use on LLM courses and master's programmes in commercial law. Students are presented with the actual contractual rules in the wider context of the general legal framework, and situates it within the theoretical debate, providing a truly international perspective on transnational commercial law in a globalised world.

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts.

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts.

Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Tort liability is an important subject of international conventions with the caselaw of the International Court of Justice developing general principles of tort liability in public international law.

Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Tort liability is an important subject of international conventions with the caselaw of the International Court of Justice developing general principles of tort liability in public international law.

A thoroughly insightful and comprehensive discussion carried out by practitioners and academics from a range of jurisdictions across the globe, this book explores aspects of sustainability in financial and commercial contracts. The opening part concentrates on financial products and regulation in the context of ESG related investing. ESG stands for “environmental, social, governance” and describes aspects of sustainability not only in finance but also across all aspects of trading and commerce. It touches on a wide range of criteria of products and producers. It concerns supply chains as much as corporate governance and regulatory supervision. Aspects of legislative definitions are as important as enforceability of ESG promises both in terms of public and private liability. International experts from academia and practice comment on the transactional and regulatory framework in this field. The second part deals with procedural aspects of sustainability in connection with arbitral awards. Integrity, trust and confidentiality are emanations of sustainability in the social context. Parties to contracts and litigation are part of a wider trading community who rely on a certain architecture of dispute settlement frameworks. Practitioners discuss problems the independence of arbitrators. The concluding part deals with the topical discussions on the role of good faith and the emerging concept of relational contract in a comparative context. Practical applications in construction contracts, supply chains, the circular economy and in arbitration are explored as well as the notion of good faith in English, Scottish, Canadian, German, French and Polish contract law with a comparative emphasis.

This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures.

Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. The potential of uniform law has not yet been fully recognised.In this book, the author examines uniform contract law comprehensively in all relevant areas of legal doctrine and practice and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. She suggests ways in which these barriers can be overcome and develops an autonomous methodology of interpretation of transnational contract principles. The author wants to encourage the use of existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts, which are analysed here as an example.

Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed.