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‘… With a view to despatch and the saving of expense’. 1 How the Commercial Court has attempted to meet the demands of the business community for efficient and cost-effective litigation procedures. 2

Richard Aikens

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0036
Subject:
Law, Legal History

This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs ... More


Tom Bingham and the Transformation of the Law: A Liber Amicorum

Mads Andenas and Duncan Fairgrieve (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.001.0001
Subject:
Law, Legal History

Tom Bingham is internationally recognised as one of the most influential judges of the 20th century. Having occupied in succession the most senior judicial offices in the United Kingdom, Master of ... More


The Rise of the Investment Bank

Alan D. Morrison and William J. Wilhelm Jr.

in Investment Banking: Institutions, Politics, and Law

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199296576
eISBN:
9780191712036
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296576.003.0005
Subject:
Economics and Finance, Financial Economics

The 19th-century industrialization of America required significant quantities of capital that could not be met by local savings. Commercial law was not well-developed at the start of the century, and ... More


COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?

Giuditta Cordero Moss

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0039
Subject:
Law, Public International Law, Private International Law

This chapter illustrates the risk of false friends in international arbitration by looking at one example of transplant from public international law into commercial law, and one from commercial ... More


What Could the Selection by the Parties of English Law in a Civil Law Contract in Commerce and Finance Truly Mean?

Jan Dalhuisen

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0039
Subject:
Law, Legal History

This chapter deals with what the choice of English law as the applicable law may mean in a contract drawn up in the civil law tradition between parties from civil law countries. It discusses the ... More


Commercial Law

Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez

in Mexican Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.003.0018
Subject:
Law, Constitutional and Administrative Law

This chapter discusses commercial law in Mexico, focusing primarily on the general principles of commercial transactions, as governed by the Commercial Code and supplemented by the Federal Civil ... More


Lord Bingham’s Contributions to Commercial Law

Bernard Rix

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0042
Subject:
Law, Legal History

This chapter addresses Lord Bingham's judicial contribution to commercial law. It discusses a number of selected cases from the three main stages of Lord Bingham's judicial career: the Commercial ... More


The Value of Clarity

Murray Gleeson

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0007
Subject:
Law, Legal History

This chapter offers some reflections, from an Australian perspective, on the importance which English commercial law places upon certainty and predictability, and it relates it to some recent ... More


Harmonisation and Diversity in the Private International Law of Mediation: The Rhythms of Regulatory Reform *

Nadja Alexander

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0002
Subject:
Law, Comparative Law, Private International Law

This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ... More


A View from the City

Michael Blair

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0030
Subject:
Law, Legal History

This chapter considers how far, from 1875 onwards, the Judicial House of Lords affect the City of London and the financial services capital it has become. It looks at the four ways in which the ... More


Clive M. Schmitthoff (1903–1990)

John N. Adams

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0011
Subject:
Law, Legal History

Clive M. Schmitthoff was born on March 24, 1903 to Anna Schmitthoff and Hermann Schmitthoff. He received a classical education at the Friedrichsgymnasium, one of the oldest grammar schools in Berlin, ... More


Earth, Air, and Space: the Cape Town Convention and Protocols and their Contribution to International Commercial Law

Roy Goode

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0041
Subject:
Law, Legal History

This chapter discusses how international conventions reduce the dependence on the conflict of laws by means of international uniform law. It focuses on the Cape Town Convention and Protocols ... More


The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law

Laura J Macgregor

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0019
Subject:
Law, Comparative Law

This chapter analyses the legal rules governing unexpected circumstances in contract law in the mixed legal systems of Louisiana and Scotland. The subject lies at the heart of commercial law, and one ... More


Legal Transplants: The Sri Lankan Experience

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0010
Subject:
Law, Legal Profession and Ethics

This chapter reports a story from colonial times in Sri Lanka to the present day of the transplant into that jurisdiction of credit and ... More


“Calculated to our Meridian”? The Ius Commune, Lex Mercatoria and Scots Commercial Law in the Seventeenth and Eighteenth Centuries

A D M Forte

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0006
Subject:
Law, Legal History

This chapter considers the role of the ius commune and that of the lex mercatoria in the development of commercial law in Scotland during the seventeenth and eighteenth centuries. Although Smith did ... More


Mediation in Ireland: Growing Importance of ADR Driven by Budgetary Restraints and Docket Congestion—A Cheap and Easy Way Out?

Reinhard Ellger

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0011
Subject:
Law, Comparative Law, Private International Law

Apart from the fields of collective bargaining and family law, mediation as a means of alternative dispute resolution is a relatively recent feature in the Irish legal system. However, in the last ... More


Business

David Cabrelli

in Law Making and the Scottish Parliament: The Early Years

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748640195
eISBN:
9780748651498
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640195.003.0033
Subject:
Law, Legal History

This chapter focuses on the recently enacted Arbitration (Scotland) Act 2010 (‘the Act’) whose remit is to reform the main out-of-court mechanism for the resolution of commercial law disputes. The ... More


Lord Bingham and Three Continuing Remedial Controversies

Andrew Burrows

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0037
Subject:
Law, Legal History

This chapter focuses on three continuing controversies in our law on remedies which are reflected in three much-discussed judgments of Lord Bingham, Neste Oy v LloydsBank plc, Jaggard v Sawye, and ... More


Court Institutions 1

John Bell

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0003
Subject:
Law, Comparative Law

There is a variety of court institutions which operate in different ways. This chapter identifies some of the basic structural and operational principles governing the principal courts. The fact that ... More


The Circulation of Men and Credit: The Commenda and the Family Firm

Sebouh David Aslanian

in From the Indian Ocean to the Mediterranean: The Global Trade Networks of Armenian Merchants from New Julfa

Published in print:
2011
Published Online:
March 2012
ISBN:
9780520266872
eISBN:
9780520947573
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520266872.003.0006
Subject:
History, Middle East History

This chapter explores the role of the commenda contract in Julfan trade during the seventeenth and eighteenth centuries by situating the commenda within the context of the “family firm,” the basic ... More


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