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Trade Usages and Implied Terms in the Age of Arbitration
By Fabien Gélinas (editor)
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Bibliographic Detail
Publisher Oxford Univ Pr
Publication date May 6, 2016
Pages 309
Binding Hardcover
Book category Adult Non-Fiction
ISBN-13 9780199916016
ISBN-10 0199916012
Dimensions 1 by 5 by 8 in.
Weight 1.32 lbs.
Original list price $115.00
Other format details university press
Summaries and Reviews
Amazon.com description: Product Description: If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing.

Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.


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Hardcover
Book cover for 9780199916016
 
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from Oxford Univ Pr (May 6, 2016)
9780199916016 | details & prices | 309 pages | 5.00 × 8.00 × 1.00 in. | 1.32 lbs | List price $115.00
About: If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms.

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