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Articles 1 - 30 of 33
Full-Text Articles in Contracts
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Larry A DiMatteo
This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …
Illusory Control Of State Controlled Resources Through Stabilisation Clauses: Renegotiation Clauses May Save The Contract, Jeffery Ray
Jeffery R Ray
The stabilisation clause, in oil or gas production sharing agreements, is a tool that is used to address investor security. The clause tends to create unintended effects when extraneous events, such as the price of oil, change the market. This article explores the ability, and potential inability, of the renegotiation clause to mitigate extraneous events from destroying the commercial intent of the original bargain.
Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg
Cisg And Upicc As The Basis For An International Convention On International Commercial Contracts, Jan Ramberg
Villanova Law Review
No abstract provided.
Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han
Principles Of Asian Contract Law: An Endeavor Of Regional Harmonization Of Contract Law In East Asia, Shiyuan Han
Villanova Law Review
No abstract provided.
A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken
A New Global Initiative On Contract Law In Uncitral: Right Project, Right Forum?, Keith Loken
Villanova Law Review
No abstract provided.
Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel
Unidroit Principles As A Source For Global Sales Law, Henry Deeb Gabriel
Villanova Law Review
No abstract provided.
An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani
An Assessment Of The Convention On The Limitation Period In The International Sale Of Goods Through Case Law, Luca G. Castellani
Villanova Law Review
No abstract provided.
Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery
Possible Future Work By Uncitral In The Field Of Contract Law: Preliminary Thoughts From The Secretariat, Renaud Sorieul, Emma Hatcher, Cyril Emery
Villanova Law Review
No abstract provided.
The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez
The Intrepretation In Mexico Of The United Nations Convention On Contracts For The International Sale Of Goods, Alejandro Osuna-Ganzalez
Villanova Law Review
No abstract provided.
An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge
An Overview Of The Cisg And An Introduction To The Debate About The Future Convention, Michael Bridge
Villanova Law Review
No abstract provided.
The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano
The Soft Law Approach To Unification Of International Commercial Contract Law: Future Perspectives In Light Of Unidroit's Experience, Anna Veneziano
Villanova Law Review
No abstract provided.
Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov
Article 35 Of The Cisg: Reflecting On The Present And Thinking About The Future, Djakhongir Saidov
Villanova Law Review
No abstract provided.
Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter
Defining The Borders Of Uniform International Contract Law: The Cisg And Remedies For Innocent, Negligent, Or Fraudulent Misrepresentation, Ulrich G. Schroeter
Villanova Law Review
No abstract provided.
Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo
Law Wars: Australian Contract Law Reform Vs. Cisg Vs. Cesl, Lisa Spagnolo
Villanova Law Review
No abstract provided.
Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo
Cisg As Basis Of A Comprehensive International Sales Law, Larry A. Dimatteo
Villanova Law Review
No abstract provided.
Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer
Who Needs A Uniform Contract Law, And Why?, Ingeborg Schwenzer
Villanova Law Review
No abstract provided.
Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas
Applicable Law, The Cisg, And The Future Convention On International Commercial Contracts, Pilar Perales Viscasillas
Villanova Law Review
No abstract provided.
Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller
Attorneys' Fees -- Last Ditch Stand?, Bruno Zeller
Villanova Law Review
No abstract provided.
Régimen De Ofertas Públicas Y De Declaración Unilateral De Adquisición En La Nueva Ley De Mercado De Capitales, Gaston Mirkin
Régimen De Ofertas Públicas Y De Declaración Unilateral De Adquisición En La Nueva Ley De Mercado De Capitales, Gaston Mirkin
Gaston Mirkin
No abstract provided.
Oil And Gas Joint Operating Agreements: Default Provisions, A Dilemma By Default, Yanal Abul Failat, Birgitte Jensen
Oil And Gas Joint Operating Agreements: Default Provisions, A Dilemma By Default, Yanal Abul Failat, Birgitte Jensen
Yanal Abul Failat
English law is often the law of choice in complex and high value contracts where issues such as remedies, default, limitation of liability and financing are paramount. Further, English law affords JV partners comfort that their JV agreement will be construed in accordance to its own terms and cannot be declared void on technical grounds as no codified structure exists. However, as the attitudes of the English courts remain uncertain on the question of forfeiture and whether such a remedy would be held to be a penalty, JV partners must tread carefully when agreeing the default provisions in their JOA. …
Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack
Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack
Andrea J Boyack
This review situates Gulati & Scott’s findings with respect to sovereign debt instruments and the contracting process in the context of a legal profession on the brink of change. Gulati and Scott’s book addresses the inexplicable failure of lawyers to respond to a sovereign debt litigation outcome by clarifying a boilerplate provision after an adverse judicial interpretation. Their fascinating study of boilerplate in sophisticated transactional legal practice is timely and compelling both in terms of the specific story it tells, namely the persistence of the pari passu clause in sovereign debt instruments, as well as its broader implications: Structural flaws …
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Touro Law Review
No abstract provided.
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers
Cornerstone 3 Reports : Interdisciplinary Informatics
No abstract provided.
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
The Expansion Of Trademark Rights In Europe, Irina Pak
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
Transparency, Independence And Diversity: Does The United States Have It Better?-A Comparative Analysis Of The Process Of Appointment Of Judges To The Supreme Court In The United States And India., Varun Vaish
Varun Vaish
The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases.This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where …
Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.
Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.
Mohamed Raffa Dr.
So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.
Accountability For System Criminality, Mark A. Drumbl
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown
Latoya C. Brown, Esq.
This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …