Regulatory Competition in Contract Law and Dispute Resolution - 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 Regulatory Competition in Contract Law and Dispute Resolution write by Horst Eidenmüller. This book was released on 2013-08-01. Regulatory Competition in Contract Law and Dispute Resolution available in PDF, EPUB and Kindle. In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Regulatory Competition in Contract Law and Dispute Resolution
Regulatory Competition in Contract Law and Dispute Resolution - 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 Regulatory Competition in Contract Law and Dispute Resolution write by Horst Eidenmüller. This book was released on 2013. Regulatory Competition in Contract Law and Dispute Resolution available in PDF, EPUB and Kindle. In many regions of the world and across various fields, the law has become a 'product.' Individuals and companies seek attractive legal regulations, while countries advertise their legal wares globally as they compete for customers. To analyze this development and to develop policy recommendations with respect to contract law and dispute resolution, a conference was held in Munich in October 2011, bringing together leading scholars from the US and Europe. This book contains the papers and main comments produced for the conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterization of contract law, and the US and English civil procedural traditions. The book is an important and useful study for an area of growing importance.
Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe
Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe - 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 Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe write by Stefan Vogenauer. This book was released on 2013. Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe available in PDF, EPUB and Kindle. This paper challenges the claim that there is regulatory competition in the areas of contract law and civil litigation. It is frequently assumed that law makers reform their contract laws and dispute resolution mechanisms with the purpose of attracting 'users', i.e. parties to cross-border contracts who choose the contract law or the courts of a given legal system. I shall discuss this assumption and its plausibility in the first part of the paper. In the second part I will test the assumption by presenting the available empirical evidence on the choices of contract law and forum that businesses in Europe actually make. For a long time such data has been largely absent from the debate. Moreover, I assemble evidence of law makers competing for the production of the most attractive legal regimes in the areas of contract law and civil litigation. I conclude that meaningful regulatory competition in the areas concerned cannot be predicted with confidence; nor is there evidence of its existence.
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.
Regulatory Competition in Contract Law
Regulatory Competition in Contract Law - 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 Regulatory Competition in Contract Law write by Giesela Ruhl. This book was released on 2013. Regulatory Competition in Contract Law available in PDF, EPUB and Kindle. Regulatory competition has been high on the agenda of lawyers and economists for several years. Initially, the focal point of the debate was corporate law. Only recently the attention has shifted to other areas of law, notably contract law. However, in contrast to corporate law where there is little doubt that states do compete for corporate charters both in the United States and in Europe, it is hotly debated whether there is - or whether there can be - regulatory competition in contract law. In the first part of the following article I argue that this question must be answered in the affirmative: empirical evidence shows that there is regulatory competition in contract law - just like in other areas of law, notably corporate law. Most importantly, empirical evidence shows that businesses and consumers actually choose the applicable contract law based on the quality of the law and that states actually respond to these choices by adjusting their contract laws. With this finding, however, the discussion about regulatory competition in contract law has not yet reached its end. To the contrary: the fact that states actually do compete for application of their contract law raises a number of - normative - questions. Should regulatory competition be promoted because it induces a race to the top? Should it be banned because it induces a race to the bottom? In the second part of the article I argue that regulatory competition in contract law will generally induce a race to the top. It should, therefore, generally be promoted. However, also I argue that regulatory competition may induce a race to the bottom in some cases, namely where a choice of law does not account for the interests of all parties affected by the choice. In these cases, I conclude, regulatory competition should be regulated. More specifically, I argue that it should be regulated on the level of private international law by limiting freedom of choice.
