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International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection Yong Pung How School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...


Systemic Risk Of Contract, Tal Kastner 2022 Brigham Young University Law School

Systemic Risk Of Contract, Tal Kastner

BYU Law Review

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this ...


Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan

Nevada Supreme Court Summaries

When a planned communities’ governing documents restrict real property use to residential use only, NRS 116.340(1)(a) permits a real property owner to use real property for transient commercial use so long as the governing documents of the community do not prohibit such use. Transient commercial use is the use of property, for remuneration, as transient lodging, if the term of occupancy is thirty days or less—i.e., short-term rentals. It is a reversable error to interpret bylaws and governing documents as prohibiting rentals when they use the terms “tenants” and


Waivers, Keith N. Hylton 2022 Boston Univeristy School of Law

Waivers, Keith N. Hylton

Faculty Scholarship

Waiver contracts are agreements in which one party promises not to sue the other for injuries that occur during their contractual relationship. Waivers are controversial in the consumer context, especially when presented in standard form, take-it-or-leave-it contracts. The law on waivers appears muddled, with no consistent doctrine or policy among the courts on enforceability. The aim of this paper is to offer a consistent set of policies that can form the foundation of a consistent set of doctrines, leading ultimately to a more apparently consistent treatment of waivers in the courts. The most basic piece of this paper’s framework ...


Collation Model For Oversize Ms. Codex 987: Recognoyssenssas Et Fieux Novels..., Dot Porter 2022 University of Pennsylvania

Collation Model For Oversize Ms. Codex 987: Recognoyssenssas Et Fieux Novels..., Dot Porter

Collation Models

A collection of notarial documents from the southern edge of the departement of Tarn-et-Garonne, France. The original set all mention Joham de Vernoils (Zacour-Hirsch propose the alternate spelling Jean de Verneuil), and are all written in the same hand with the same notarial signet and date between 1467 and 1472. These were often separated by blank pages into which later documents (through 1567) were copied by other notaries, and these almost all mention the village or family of Pompignan (near the village of Grisolles, also mentioned in the title), which relates them to the original set. A table of names ...


Novation And Advance Consent, Kwan Ho LAU 2022 Singapore Management University

Novation And Advance Consent, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of ...


Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Judith Fitzgerald, Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy B. Rapoport, Richard Squire, Ray Warner, Jack Williams 2022 Bankruptcy Judge, Western District of Pennsylvania, ret.

Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Judith Fitzgerald, Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy B. Rapoport, Richard Squire, Ray Warner, Jack Williams

Briefs

Professor Pamela Foohey filed an amicus brief with a group of law professors and a former bankruptcy judge in MOAC Mall Holdings LLC v. Transform Holdco LLC.


Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino 2022 Villanova University Charles Widger School of Law

Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas 2022 Villanova University Charles Widger School of Law

Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Contract Law Casebook Research Spreadsheet, Raza M. Husnain 2022 Western University

Contract Law Casebook Research Spreadsheet, Raza M. Husnain

Undergraduate Student Research Internships Conference

This is a spreadsheet with case law and legal articles & commentaries that pertain to updates, interesting discussions, and critiques of Canadian contract law since 2017. This was done for the purpose of updating the Cases and Materials on Contract Law casebook used for first-year Western Law students. The focus of the research is on the Canadian context, but international sources, particularly those from commonwealth nations, are drawn from as well.


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


Penerapan Doktrin Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Dalam Putusan Pengadilan Indonesia, Sharon Clarins 2022 Universitas Indonesia

Penerapan Doktrin Penyalahgunaan Keadaan (Misbruik Van Omstandigheden) Dalam Putusan Pengadilan Indonesia, Sharon Clarins

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In Indonesian Law, one of reasons why a contract can be voided is when the contract was made because of the existence of threat, oversight or fraud as regulated in Article 1321 Indonesian Civil Code. But, nowadays, abuse of circumstances doctrine as one of the reason for annulment of contract is known through court verdicts. Although it is known from court verdicts, the knowledge of this doctrine is very distinct and caused inconsistency court verdicts while ajudicating cases related to abuse of circumstances. The main matter of this thesis are how are the judgement of the judge in accepting ...


Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback 2022 University of Miami School of Law

Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback

University of Miami Law Review

Florida Statutes section 381.00316 prohibits businesses in Florida from requiring consumers to provide documentary proof of COVID-19 vaccination to access businesses’ goods and services. Norwegian Cruise Line Holdings (“NCLH”) has recently challenged section 381.00316’s applicability to its cruise operations because NCLH believes that requiring its passengers to provide documentary proof of COVID-19 vaccination is the one constant that allows NCLH’s cruise ships to smoothly access foreign ports, which have differing COVID-19 protocols and rules. In Norwegian Cruise Line Holdings, Ltd. v. Rivkees, the United States District Court for the Southern District of Florida ruled in favor ...


The Doctrine Of Contractual Absolution, Marcus Moore 2022 Allard School of Law at the University of British Columbia

The Doctrine Of Contractual Absolution, Marcus Moore

All Faculty Publications

The absence of a knowledge requirement is a novel and astonishing feature of unconscionability in Canada, and one that calls for scholarly reflection. In other jurisdictions and formerly in Canada, unconscionability required that the benefiting party knew or at least should have known that its counterpart was impaired in the making of the contract. Such knowledge established a minimum level of wrongdoing, so that even without more active exploitation, it was unconscionable as an “unconscientious abuse of power.” But following the Supreme Court decision in Uber Technologies Inc. v. Heller (2020), Canadian contract law rejects this conventional approach. It does ...


Sr Construction, Inc. V. Peek Brothers Construction, Inc., 138 Nev. Adv. Op. 41 (June 2, 2022), Candace Mays 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sr Construction, Inc. V. Peek Brothers Construction, Inc., 138 Nev. Adv. Op. 41 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court, reviewing an appeal from the district court’s denial to compel arbitration, contemplated the scope of and applicability of a master subcontractor agreement’s arbitration clause when the language did not unequivocally compel subcontractors to arbitrate disputes. The Court held that where the arbitration provision of a contract is broad, the presumption toward arbitrability prevails.


Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman 2022 University of Arkansas at Little Rock William H. Bowen School of Law

Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman

University of Arkansas at Little Rock Law Review

No abstract provided.


Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros 2022 University of Minnesota Law School

Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros

Minnesota Journal of Law, Science & Technology

No abstract provided.


You’Ve Got To Have (Good) Faith: Good Faith’S Trajectory In Anglo-Canadian Contract Law Post-Wastech And The Potential For A Duty To Renegotiate, Vanessa Di Feo 2022 University of Toronto Faculty of Law

You’Ve Got To Have (Good) Faith: Good Faith’S Trajectory In Anglo-Canadian Contract Law Post-Wastech And The Potential For A Duty To Renegotiate, Vanessa Di Feo

Dalhousie Law Journal

This paper argues that the organizing principle of good faith should be judicially developed to include a duty to renegotiate in situations of hardship. It looks to the French Civil Code and the UNIDROIT Principles for guidance, in addition to Canadian law’s receptibility to an incrementally expanded principle of good faith. Although the Supreme Court of Canada rejected hardship in the 2018 case of Churchill Falls (Labrador) Corp v Hydro-Québec, it did not forever close the door to this doctrine in Québec in situations of true financial peril. Given the “judicial dialogue” between Québec civil law obligations and Anglo-Canadian ...


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