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Norms Arising from the Values Shared by International Commercial Arbitrators

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0004
Subject:
Law, Private International Law

This chapter describes aspects of international arbitration culture that arise from the values shared by international arbitrators. It identifies four categories of social norms that correspond to ... 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


Scottish party responses to Europe and devolution

Eve Hepburn

in Using Europe: Territorial Party Strategies in a Multi-level System

Published in print:
2010
Published Online:
July 2012
ISBN:
9780719081385
eISBN:
9781781703236
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719081385.003.0003
Subject:
Political Science, European Union

This chapter begins with an overview of the main political traditions in Scotland, examining how party autonomy goals have been shaped by different ideological discourses. Then, it examines how ... 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


Party Autonomy and its Restrictions

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/9781845861070.003.0005
Subject:
Law, Company and Commercial Law

This chapter discusses the principle of party autonomy in arbitration. The principle of party autonomy is manifested in the parties' freedom in designing the arbitration procedures to suit their ... More


Choice Pillar II: Returning Savigny’s Theory to Its Origins

Sagi Peari

in The Foundation of Choice of Law: Choice and Equality

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190622305
eISBN:
9780190622336
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190622305.003.0004
Subject:
Law, Private International Law, Philosophy of Law

This chapter evaluates Friedrich Carl von Savigny’s choice-of-law theory, qualifies and extends it. It shows that CEF’s foundational Choice Pillar does not need to be developed from scratch but ... More


Substantive Law Determinations in International Commercial Arbitration: The Legal Rules

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0005
Subject:
Law, Private International Law

This chapter lays out the rules of law that pertain to substantive law determinations in international commercial arbitration and shows how these differ from the rules that apply within national ... More


Commercial Agency and the Conflict of Laws—What Place for Party Autonomy?

Janeen Carruthers

in Agency Law in Commercial Practice

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198738473
eISBN:
9780191821233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738473.003.0013
Subject:
Law, Company and Commercial Law

The chapter focuses on commercial agency and choice of law. It addresses the tension between the exercise of party autonomy, favoured principle of private international law, and the impact of EU law ... More


Features of the Arbitration (Scotland) Act 2010

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/9781845861070.003.0002
Subject:
Law, Company and Commercial Law

This chapter provides an overview of the main features of the Arbitration (Scotland) Act 2010. It first considers the three founding principles of the Act: the first sets out the objective of ... More


Usages and Implied Terms under French and Belgian Positive Law: A Subjective Approach Tending toward Objectivity

Lydie Van Muylem

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0003
Subject:
Law, Private International Law, Company and Commercial Law

From the adoption of the Civil Code until at least the mid-twentieth century, contractual analysis and interpretation under French and Belgian law was characterized by a subjective approach premised ... More


The Typical Process for Selection and Challenge of Arbitrators

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0010
Subject:
Law, Private International Law, Company and Commercial Law

The principle of party autonomy suggests that as a consent-based system of justice, parties in international arbitration have unlimited choice of arbitrators. But in reality, their choices are ... More


The Foundation of Choice of Law: Choice and Equality

Sagi Peari

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190622305
eISBN:
9780190622336
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190622305.001.0001
Subject:
Law, Private International Law, Philosophy of Law

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines, and concepts. It offers a conceptual account of choice of law, ... More


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