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Full-Text Articles in Law

Fiduciary Duties Of Llc Managers: Are They Subject To Prospective Waiver Under The New York Llc Statute?, Jack Graves, Yelena Davydan Aug 2015

Fiduciary Duties Of Llc Managers: Are They Subject To Prospective Waiver Under The New York Llc Statute?, Jack Graves, Yelena Davydan

Jack Graves

No abstract provided.


Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves Nov 2013

Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves

Jack Graves

Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under ...


The Abcs Of The Cisg, Jack Graves Oct 2013

The Abcs Of The Cisg, Jack Graves

Jack Graves

As an introductory overview of a relatively comprehensive statute, this book provides details and comparative discussions regarding the vast array of business-to-business transactions in good across national borders governed by the CISG. Learn how you can make better informed recommendations to a client at the contract stage and advocate more effectively on behalf of a client when a dispute arises under a contract governed by the CISG. This handbook also helps provide you the ability to recognize and analyze the more challenging issues that might require further detailed research.


Penalty Clauses As Remedies: Exploring Comparative Approaches To Enforceability, Jack Graves Oct 2013

Penalty Clauses As Remedies: Exploring Comparative Approaches To Enforceability, Jack Graves

Jack Graves

No abstract provided.


Penalty Clauses And The Cisg, Jack Graves Dec 2011

Penalty Clauses And The Cisg, Jack Graves

Jack Graves

Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty ...


Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves Jul 2011

Cisg Article 6 And Issues Of Formation: The Problem Of Circularity, Jack M. Graves

Jack Graves

CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate from its provisions. The application of Article 6 is relatively straightforward when addressing the rights and obligations of the parties, but encounters a challenge of circularity when addressing issues of contract formation. How can the parties agree to exclude or derogate from the application of the CISG if it is not yet clear whether they have agreed to anything at all? This article explores this narrow, but important question. Can the parties effectively exclude the application of the CISG or derogate from its provisions (i ...


Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack Graves Mar 2011

Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack Graves

Jack Graves

No abstract provided.