international sales arbitration

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International Sales Law And Arbitration

Author : Joseph F. Morrissey
ISBN : 9789041126542
Genre : Law
File Size : 60. 19 MB
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In this global market, where an arbitration agreement is increasingly a part of every international sales agreement, The value of an integrated approach to teaching;at the intersection of substantive contract law and dispute resolution;is immediately evident. Morissey and Graves powerfully demonstrate both how a lawyer drafts an international sales contract and how the transactional and arbitral provisions interact if the ;deal & ; does not go as anticipated. Timely and succinct (at 528 pages), International Sales Law and Arbitration offers: an integrated approach that combines substantive contract law and dispute resolution balanced coverage of how a lawyer drafts an international sales contract and how the transactional and arbitral provisions and arbitral provisions interact if the ;deal; does not go as anticipated hypothetical and actual cases, As well as arbitral decisions (with detailed commentary) that illustrate applications of the CISG, The UNCITRAL Model Law And The New York Convention problems and questions that provide students with opportunities to apply the law, and to elucidate the policies underlying the various approaches taken by the prevailing laws Logically organized in three parts;an overview of international commercial law, CISG, and dispute resolution ; International Sales Law and Arbitration: Problems, Cases, and Commentary also provides important reference material, such as the UNCITAL Model Law Jurisdictions and Sources of Contracting Parties; Rights and Obligations, In a generous four-part Appendices. For a sensible and cutting-edge view of international sales law, take a look at this groundbreaking new casebook by Morrissey and Graves.

International Arbitration And International Commercial Law

Author : Eric E. Bergsten
ISBN : 9789041135223
Genre : Law
File Size : 44. 63 MB
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Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

International Commercial Arbitration

Author : Simon Greenberg
ISBN : 9781139494496
Genre : Law
File Size : 28. 66 MB
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There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.

Islamic Law And International Commercial Arbitration

Author : Maria Bhatti
ISBN : 9780429888212
Genre : Business & Economics
File Size : 43. 54 MB
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This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Modern Law Of Sales In The United States

Author : Alissa Palumbo
ISBN : 9462364397
Genre : Law
File Size : 76. 52 MB
Format : PDF
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This book covers all the critical aspects of the law governing the sale of goods in the United States. It defines the scope of the law of sales, lays out the obligations of the seller and the buyer, discusses the allocation of risk, and addresses all the available remedies for breach of a sales contract. A representative sampling of cases are examined from various jurisdictions and levels of review in order to portray an accurate picture of modern US sales law and provide practical solutions to complications that may arise during a sale. Contents include: An Introduction to the Modern Law of Sales in the US * Legal Framework of Sales Law in the US * Historical Overview of Sales Law * Identifying the Boundaries of a Sales Contract * The Concept of Goods * General Remarks on Performance of a Sales Contract * Tender of Delivery * Documents * Conformity of the Goods: The Law of Warranties * Payment * Taking Delivery * Risk of Loss * Examination and Notice * General Remarks on Remedies * Suspension of Performance and Adequate Assurances * Avoidance * Specific Performance * Damages * Deduction of Damages from the Price * Exemption * Interest. (Series: International Commerce and Arbitration [ICA] - Vol. 17) [Subject: US Law, Commercial Law, Economic Law, Trade Law]

International Sales Law

Author : Larry A. DiMatteo
ISBN : 9781107782808
Genre : Law
File Size : 89. 68 MB
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This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

Ethics In International Arbitration

Author : Catherine A. Rogers
ISBN : 0198713207
Genre : Law
File Size : 90. 88 MB
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International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual. Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

The World Trade Press Guide To Drafting The International Sales Contract

Author :
ISBN :
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File Size : 48. 23 MB
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Guide To Damages In International Arbitration

Author : John A Trenor
ISBN : 9781912377527
Genre :
File Size : 80. 67 MB
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Global Arbitration Review's The Guide to Damages in International Arbitrationis a desktop reference work for those who'd like greater confidence when dealing with the numbers. The guide, edited by John A. Trenor of Wilmer Cutler Pickering Hale and Dorr LLP, covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. For each of the major methodologies employed by damages experts the book describes the basics of the approach, the areas of general agreement, and the points at which consensus can break down. The book acts as a compass for non-accountants and non-economists, enabling them to argue or umpire the damages part of cases more effectively. This guide contains 27 chapters, sectioned into four parts: I. Legal Principles Applicable to the Award of Damages II. Procedural Issues and the Use of Damages Experts III. Approaches and Methods for the Assessment and Quantification of Damages IV. Industry-Specific Damages Issues. Contributors include top names at organisations like White & Case LLP, Freshfields Bruckhaus Deringer LLP, PricewaterhouseCoopers LLP and Victoria University. 'The Global Arbitration Review Guide to Damages in International Arbitration covers most issues likely to be faced by arbitrators, counsel and experts. The twenty-six chapters are written by experts in their respective fields. Their advice is down to earth and practical. The Guide fulfills the aim described by John Trenor in his Introduction: "e; to make the subject of damages in international arbitration more understandable and less intimidating for arbitrators and other participants in the field and to help participants present these issues more effectively to tribunals."e;'- Anthony Connerty, Barrister in practice, IDR Group and 4-5 Gray's Inn Square

Injunctive Relief And International Arbitration

Author : Hakeem Seriki
ISBN : 9781317685043
Genre : Law
File Size : 82. 86 MB
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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

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