Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Memphis Cotton Exchange (2)
- Southern Mill Rules (2)
- Transaction (2)
- Uniform Commercial Code (2)
- American Cotton Shippers Association (1)
-
- American Textile Manufacturers Institute (1)
- Article 2 (1)
- Bernstein (Lisa) (1)
- Bernstein Conjecture (1)
- Contract breach (1)
- Cotton States Arbitration Board (1)
- Cotton industry (1)
- Formalism (1)
- Good faith (1)
- Gossip network (1)
- Grain standardization (1)
- Liverpool Cotton Association (1)
- Market (1)
- Nonlegal sanctions (1)
- Opportunism (1)
- Private law (1)
- Private legal system (1)
- Procedure (1)
- Public law (1)
- Public legal system (1)
- Reputation-based nonlegal sanction (1)
- Social structure (1)
- Trading (1)
Articles 1 - 3 of 3
Full-Text Articles in Dispute Resolution and Arbitration
Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston
Should The Law Ignore Commercial Norms? A Comment On The Bernstein Conjuncture And Its Relevance For Contract Law Theory And Reform, Jason Scott Johnston
Michigan Law Review
Professor Bernstein's study of the interaction between private law and norms in the cotton industry is the latest installment in her ongoing investigation into the relationship between law and norms in trades ranging from the diamond market to grain and feed markets. Her incredibly detailed and thorough exploration of private lawmaking and commercial norms - and their interaction - stands as one of the most significant contributions to contract and commercial law scholarship made in the last half-century. The cotton industry study upon which I focus in this Comment not only reports fascinating findings about dispute resolution practices, but also …
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Michigan Law Review
The cotton industry has almost entirely opted out of the public legal system, replacing it with one of the oldest and most complex systems of private commercial law. Most contracts for the purchase andsale of domestic cotton, between merchants or between merchants andmills, are neither consummated under the Uniform Commercial Code("Code") nor interpreted and enforced in court when disputes arise. Rather, most such contracts are concluded under one of several privately drafted sets of contract default rules and are subject to arbitration in one of several merchant tribunals. Similarly, most international sales of cotton are governed neither by state-supplied legal …
International Judicial Practice And The Written Form Requirement For International Arbitration Agreements, Jing Wang
Washington International Law Journal
The requirement that international commercial arbitration agreements must be made in writing is well accepted in most countries and has become a uniform practice in international commercial arbitration law. This is due in large part to the widespread acceptance of the Convention on Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"). Article II (1) provides that "each Contracting State shall recognize an agreement in writing." The term "agreement in writing" is defined in Article 11 (2) of the Convention as "an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an …