Yuliya Chernykh – författare
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2 produkter
2 produkter
1 972 kr
Skickas inom 5-8 vardagar
This timely and comprehensive book reveals the multifaceted nature of modern contract law and practice. Providing a broad overview of research methods in contemporary contract law, it identifies the various modes of inquiry and argumentative techniques in this dynamic field.Yuliya Chernykh and Joshua Karton bring together a range of specialists in contract law research to address old and new methodologies, as well as emerging topics in legal scholarship particularly suited to a combination of methodological approaches. Chapters focusing on doctrinal, comparative, philosophical, historical, economic, empirical, and experimental approaches are complemented by discussions of the research methods most apt for dealing with phenomena that challenge traditional conceptions of contract law: sustainability, digitalisation, consumer protection, Indigenous legal orders and globalisation. . Ultimately, the book eschews any predetermined agenda in favour of a particular theory, inviting researchers to reevaluate their modes of enquiry and reasoning. Readers will gain an appreciation for the broad variety of approaches to contract law scholarship, as well as their respective advantages and limitations, the kinds of questions each is best suited to answer, and the ways they can be combined to yield greater insights.Research Methods for Contract Law and Scholarship is an essential tool for students and academics interested in legal research methods and commercial law. Its breadth of practical and theoretical approaches will also greatly benefit practising lawyers and policymakers.
Del 12 - International Litigation in Practice
Contract Interpretation in Investment Treaty Arbitration
A Theory of the Incidental Issue
Inbunden, Engelska, 2022
3 074 kr
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Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.