This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
Les mer
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the sake of international commerce and trading.
Les mer
Introduction1. Connecting Commercial Contract Caw and Arbitration across DisciplinesPart I: Contract in Arbitration and Assetization2. Contractual Claims versus Treaty Claims in Investor-State Disputes: Do Umbrella Clauses have a Future?3. Investment Arbitration and the Rule of Law: How Transparency Impacts on Domestic Accountability4. Picking up the Tab: Monetising Arbitral Claims and Awards5. Expropriation of Arbitral Awards: Contextualising the Indian Practice vis-a-vis the Antrix Devas DisputePart II: Contract Governance and Assetization6. Business Law in Europe after Brexit: The Need for Legal Transnationalisation in the International Market Place and The Example of International Assignments7. The "Ownership" of Personal Data8. The Future of Unfair Terms Regulation in Commercial Contracts9. On the Contractual Power of Digital Platforms
Les mer
Produktdetaljer
ISBN
9781032632537
Publisert
2024-04-30
Utgiver
Vendor
Routledge
Vekt
670 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
268
Biographical note
Mads Andenas KC is a founding director of the London Centre for Commercial and Financial Law (LCF). He is also an ICSID arbitrator for Norway and a professor of private law at the University of Oslo, Inland Norway University of Applied Sciences and Welfare across Borders: Solidarity, Equality and Free Movement, funded by the Norwegian Research Council.
Maren Heidemann is a founding director of the LCF. Admitted to the German bar in 1994, she holds a PhD and LLM from the University of Nottingham, has published extensively on commercial law and has taught law at UK and European academic institutions including the University of Glasgow and the Centre for Commercial Law Studies, Queen Mary, University of London.