International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration write by Mahmood Bagheri. This book was released on 2000-12-06. International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration available in PDF, EPUB and Kindle. The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Comparative International Commercial Arbitration
Comparative International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative International Commercial Arbitration write by Julian D. M. Lew. This book was released on 2003-01-01. Comparative International Commercial Arbitration available in PDF, EPUB and Kindle. This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.
International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration
International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration write by Mahmood Bagheri. This book was released on 2000-12-06. International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration available in PDF, EPUB and Kindle. The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Conflict Between National Economic Regulations and Contractual Obligations
Conflict Between National Economic Regulations and Contractual Obligations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conflict Between National Economic Regulations and Contractual Obligations write by . This book was released on 1999. Conflict Between National Economic Regulations and Contractual Obligations available in PDF, EPUB and Kindle.
Rethinking International Commercial Arbitration
Rethinking International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rethinking International Commercial Arbitration write by Gilles Cuniberti. This book was released on 2017-05-26. Rethinking International Commercial Arbitration available in PDF, EPUB and Kindle. Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
