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Foreign Law Between Domestic Commercial Parties: A Party Autonomy Approach With Particular Emphasis On North Carolina Law, Steven N. Baker
Foreign Law Between Domestic Commercial Parties: A Party Autonomy Approach With Particular Emphasis On North Carolina Law, Steven N. Baker
Campbell Law Review
No abstract provided.
Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg
Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg
Campbell Law Review
This Comment argues that North Carolina should reexamine the interim relief provisions under the ICACA in order to reduce reliance on court assistance during the arbitral process, thereby identifying itself as a forum for international commercial arbitration that is increasingly receptive to the needs of the parties involved. Part I will generally describe when the ICACA applies in light of the Federal Arbitration Act (FAA). Part II will further discuss why, in light of this relationship between federal and state arbitration law, North Carolina should reexamine the interim relief provisions under the ICACA. Part III will highlight four issues concerning …
Application Of The Uniform Commercial Code To Option Contracts For The Sale Of Goods, And Implying Promises To Find Sufficient Consideration: Why And How The North Carolina Supreme Court Got It Wrong In Fordham V. Eason, James T. Newman Jr.
Campbell Law Review
The North Carolina Supreme Court rarely ventures into cases involving contract disputes. However, in Fordham v. Eason, the court granted discretionary review to decide which of two logging companies had title to certain timber that each company had separately bargained for. In its analysis, the court's discussion of consideration was incomplete. Further, the court erred by refusing to apply the Uniform Commercial Code to an option contract for the sale of timber. This article explores the mistakes in the Fordham opinion and examines why the court will probably have to reevaluate its decision at some point in the future.
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
Campbell Law Review
As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …