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Set-Off in Arbitration and Commercial Transactions

Set-Off in Arbitration and Commercial Transactions

Author: Pascal Pichonnaz; Louise Gullifer
Publisher: Oxford University Press
ISBN: 9780199698080
Published In: February 2014
Format: Hardback , 480 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The most comprehensive analysis of set-off in arbitration
Provides unique comparison of Common and Civil law for use in international disputes
Considers the relevant international arbitration rules and conventions, such as Rome I Regulation, CISG and the UNIDROIT Principles

This book considers the issues involved in international commercial disputes where set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims.

The book considers the important institutional rules of arbitration procedure such as the Swiss Rules, the CNUDCI, the ICC rules and others. It covers in some detail the various possible solutions to the issue of applicable law under national and supra-national law. Included in this discussion is an analysis of the Rome I Regulation, the CISG, and the UNIDROIT Principles contained in the PICC and PECL.

There is full consideration of the other relevant matters including enforceability, currency issues, and burden of proof. The last section of the book analyses the position of set off in insolvency, including a general comparative look at the situation in common and civil law, and concluding with an explanation of the effect of the European Regulation on Insolvency Proceedings.

Set-off is a commonly used but complex device used to avoid the cumbersome transfer of money in international commercial transactions. The situation is made even more complex when disputes arise bringing issues of applicable law and jurisdiction. This book raises the potential issues and analyses the probable solutions with reference to national and international laws and arbitral rules. It will assist common law practitioners with practical solutions under major civil law jurisdictions and vice versa.

Readership: Common and Civil law practitioners and scholars interested in financial law, contract law, insolvency law, and arbitration

Introduction
Part I - Jurisdiction over Claims in Arbitration
1: General Aspects
2: Various Applicable Rules
Part II - Applicable Law (Conflict of Law Rules)
3: General Aspects
4: Rome Regulation (2008)
5: Other Conventions on Applicable Law
6: UNIDROIT Principles & European Principles
Part III - Set-off Requirements
7: General Aspects
8: Reciprocity
9: Claims of the Same Contract/out of different contracts
10: Maturation (claimed accrued)
11: Enforceability
12: Claims in Different Currencies
13: Exceptions & Particular Cases
14: Burden of Proof
Part IV: Set-off and Insolvency
15: General Aspects in English Law
16: European Regulation on Insolvency
Conclusion
Appendix

Pascal Pichonnaz has been a Professor at the Law School of the University of Fribourg (Switzerland) since 2001, where he is also Chair for Private Law and Roman Law (teaching Roman Law, Contract Law, European Private Law and European Consumer Law). He is also a visit professor at several institutions, including the Center for Transnational Legal Studies, the Paris Panthéon-Assas, the University of Rome and the University d'Auvergne Clermont-Ferrand.

Louise Gullifer has been teaching at Oxford since 1991. Before that she practised at the Commercial Bar in chambers at 3 Gray's Inn Place (now 3 Verulam Buildings), under her maiden name (Louise Edwards). She remains an honorary member of those chambers. She teaches Roman law, Contract law, Commercial Law, Corporate Finance law and Corporate Insolvency law and is the senior law tutor at Harris Manchester College. From 1994-97 she was a Fellow of Brasenose College. She is currently the Oxford Law Faculty Development Co-ordinator. She is also Chair of the University Student Disciplinary Panel.