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Commercial Contract Law and Arbitration: From Assignments to Unfair Terms

Commercial Contract Law and Arbitration: From Assignments to Unfair Terms

Author: Mads Andenas; Maren Heidemann
Publisher: Routledge
ISBN: 9781032632537
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,755.00

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Description
Contents

Details

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.

Traditional concepts of obligatory and proprietary claims and rights hit their boundaries when put in an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners seek new ways of expanding and reconnecting novel products and services such as data as well as the growing use of international dispute settlement with indispensable constitutional values and democratic process. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book offers an exploration of unfair terms in non- consumer contracts which is complemented by a broader contextual discussion of platform operators regulation in the European Union while the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes 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.

Introduction

Mads Andenas KC

1. Connecting Commercial Contract Caw and Arbitration across Disciplines

Maren Heidemann

Part I: Contract in Arbitration and Assetization

2. Contractual Claims versus Treaty Claims in Investor-State Disputes: Do Umbrella Clauses have a Future?

Leonardo Carpentieri

3. Investment Arbitration and the Rule of Law: How Transparency Impacts on Domestic Accountability

Radosveta Vassileva

4. Picking up the Tab: Monetising Arbitral Claims and Awards

Gautam Mohanty and Rituparna Padhy

5. Expropriation of Arbitral Awards: Contextualising the Indian Practice vis-a-vis the Antrix Devas Dispute

Gautam Mohanty and Arnav Doshi

Part II: Contract Governance and Assetization

6. Business Law in Europe after Brexit: The Need for Legal Transnationalisation in the International Market Place and The Example of International Assignments

Jan H. Dalhuisen

7. The "Ownership" of Personal Data

Guido Alpa

8. The Future of Unfair Terms Regulation in Commercial Contracts

Marcus Moore

9. On the Contractual Power of Digital Platforms

Guido Alpa