Jump to ContentJump to Main Navigation

You are looking at 1-20 of 66 items

  • Keywords: choice of law x
Clear All Modify Search

View:

Choice‐of‐Law Principles

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the legal treatment of choice of law to illustrate one important function of choice-of-law clauses: predictability. Without these clauses, the parties must rely on a morass of ... More


The Creation of a Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0004
Subject:
Political Science, American Politics

This chapter discusses the essential elements of a law market and jurisdictional competition—that is, ways that governing laws can be chosen by people and firms rather than mandated by states. This ... More


A Federal Choice‐of‐Law Statute

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.00010
Subject:
Political Science, American Politics

This chapter proposes a way to preserve the benefits of the law market while eliminating some of the impediments to its efficient operation: a federal statute that compels states to enforce ... More


The Law Market

Larry E. Ribstein and Erin O'Hara

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.001.0001
Subject:
Political Science, American Politics

Cheaper transportation, faster communication, and lowered trade barriers have made people, firms, and their assets much more mobile. This increasing mobility has strained traditional notions that ... More


Consumer Contracts

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0007
Subject:
Political Science, American Politics

This chapter explores the use of choice-of-law, choice-of-court, and arbitration clauses in consumer contracts, including electronic commerce. It explores the question of the extent to which ... More


Introduction

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0001
Subject:
Political Science, American Politics

This chapter introduces the concept of the market for law that the book will explore in detail. It describes the relationship between this market and the field of law called “conflict of laws.” ... More


Arbitration and the Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0005
Subject:
Political Science, American Politics

This chapter describes the role of arbitration in the law market, focusing on arbitration mandated by the parties' pre-dispute contracts. State and international competition for favorable arbitration ... More


Policy Arguments

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0002
Subject:
Political Science, American Politics

As background for explaining the costs and benefits of the law market, this chapter uses public choice theory to explain the political dynamic that causes states sometimes to adopt inferior laws. ... More


Marriage and Other Social Issues

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0008
Subject:
Political Science, American Politics

This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties ... More


Property

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0009
Subject:
Political Science, American Politics

This chapter shows that a law market, both potential and real, exists for legal rules regarding property. It focuses on three aspects of that law market—the state competition for trust funds and how ... More


Summary and Implications

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0011
Subject:
Political Science, American Politics

The final chapter includes thoughts on some of the broader implications of the book. The law market can change one's view of regulation. What really matters to whether regulations are binding is not ... More


BCR and EU Rules of Private International Law

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662913
eISBN:
9780191746208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662913.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for ... More


Choice-of-Law Rules

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0003
Subject:
Law, Public International Law

This chapter discusses the implications of the territorialized or internationalized nature of investment tribunals for their choice-of-law methodology. It examines choice-of-law rules as reflected in ... More


Exit and the American Illness

Erin O'Hara O'Connor and Larry E. Ribstein

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0016
Subject:
Political Science, American Politics

This chapter discusses the ways in which exit from undesirable laws could occur. It also discusses the process of jurisdictional choice and conflict of laws, the traditional approaches used to ... More


Choice of the Proper law

Hong-Lin Yu

in Commercial Arbitration

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861070
eISBN:
9781474406154
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861070.003.0009
Subject:
Law, Company and Commercial Law

This chapter explains the importance of proper law in arbitration, especially in ensuring a speedy resolution of the dispute. It first considers the importance of proper law from three aspects: the ... More


Party Autonomy in Contract Conflicts

Symeon C. Symeonides

in Codifying Choice of Law Around the World: An International Comparative Analysis

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199360840
eISBN:
9780199377688
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199360840.003.0003
Subject:
Law, Private International Law, Comparative Law

This chapter focuses on the role of party autonomy in contract conflicts. The principle that contracting parties should retain the power to agree in advance on the law that will govern their future ... More


Contracts

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0010
Subject:
Law, Comparative Law, Private International Law

This chapter discusses the current practice of American courts in resolving contract conflicts under the two Restatements, the U.C.C., and the CISG, and the various modern approaches. Part I ... More


Choice of Law

Michael Karayanni

in Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199873715
eISBN:
9780199366477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199873715.003.0004
Subject:
Law, Private International Law

Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law ... More


Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Hege Elisabeth Kjos

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.001.0001
Subject:
Law, Public International Law

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the ... More


Demystifying Private International Law for International Commercial Contracts

Guillermo Argerich and María Laura Capalbo

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0020
Subject:
Law, Private International Law

Demystifying the difficulty in understanding the theoretical approach that private international law has traditionally adopted and translating this into a suitable framework for drafting relevant ... More


View: