Trade Usages and Implied Terms in the Age of Arbitration

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, Commercial, International
Cover of the book Trade Usages and Implied Terms in the Age of Arbitration by , Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780190237066
Publisher: Oxford University Press Publication: April 8, 2016
Imprint: Oxford University Press Language: English
Author:
ISBN: 9780190237066
Publisher: Oxford University Press
Publication: April 8, 2016
Imprint: Oxford University Press
Language: English

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.

More books from Oxford University Press

Cover of the book William Shakespeare Level 2 Oxford Bookworms Library by
Cover of the book The Lion's World: A Journey into the Heart of Narnia by
Cover of the book Democracy Declassified by
Cover of the book Family Law in America by
Cover of the book The Broken Branch: How Congress Is Failing America and How to Get It Back on Track by
Cover of the book Democracy for Hire by
Cover of the book Contracts of Fiction by
Cover of the book Melancholic Freedom by
Cover of the book Classics and Comics by
Cover of the book A Fabulous Kingdom by
Cover of the book Greek Lexicography: Oxford Bibliographies Online Research Guide by
Cover of the book Race, Ethnicity, Crime, and Justice: Oxford Bibliographies Online Research Guide by
Cover of the book Textbook of Children's Environmental Health by
Cover of the book Arduino for Musicians by
Cover of the book A Tale of Seven Scientists and a New Philosophy of Science by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy