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Company and Commercial Law x Private International Law and Conflict of Laws x clear all

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Conclusion

Orsolya Toth.

in The Lex Mercatoria in Theory and Practice

January 2017; p ublished online March 2017 .

Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 827 words.

The conclusion summarizes the challenges of developing an analytical account of the lex mercatoria and indicates areas where further debate may be expected in the future. The aim of the...

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Conflicts Recognition of the Lex Mercatoria

Orsolya Toth.

in The Lex Mercatoria in Theory and Practice

January 2017; p ublished online March 2017 .

Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 18814 words.

This chapter examines the lex mercatoria as the governing law in arbitration and evaluates the status quo by reviewing arbitral awards. It discusses the development of the conflict of laws...

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Conflicts Recognition of the Lex Mercatoria

Orsolya Toth.

in The Lex Mercatoria in Theory and Practice

January 2017; p ublished online March 2017 .

Chapter. Subjects: Company and Commercial Law; Private International Law and Conflict of Laws. 11946 words.

This chapter makes proposals to increase the predictability of choosing the lex mercatoria as the governing law by relying on the proposed theoretical model. It argues that ‘voie directe’...

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Conversations on the Role of Culture in International Arbitration

Won L. Kidane.

in The Culture of International Arbitration

March 2017; p ublished online March 2017 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 11617 words.

Most arbitral proceedings are confidential. Most awards are also kept confidential, making a quantitative scientific scrutiny difficult. For that reason, this chapter presents narratives of...

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Culture and the Legal Infrastructure of Commercial Arbitration

Won L. Kidane.

in The Culture of International Arbitration

March 2017; p ublished online March 2017 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 6421 words.

The New York Convention set up the legal infrastructure of international commercial arbitration. Although it first appeared to be culturally neutral, after its adoption, it stopped being a...

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Culture and the Legal Infrastructure of Investment Arbitration

Won L. Kidane.

in The Culture of International Arbitration

March 2017; p ublished online March 2017 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 19227 words.

The International Centre for Settlement of Investment Disputes (ICSID) Convention is the most important procedural mechanism for the settlement of investment disputes. It is a...

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The Culture of International Arbitration

Won L. Kidane.

March 2017; p ublished online March 2017 .

Book. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 336 pages.

Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy,...

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Customs and Usages in England

Geoff R. Hall.

in Trade Usages and Implied Terms in the Age of Arbitration

February 2016; p ublished online May 2016 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 7128 words.

In the past forty-five years, English courts have moved from a highly textualist interpretation of contracts, focused primarily on the language of the contract, toward a highly contextualistnull...

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Defining Legal Culture

Won L. Kidane.

in The Culture of International Arbitration

March 2017; p ublished online March 2017 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 6637 words.

The meaning of culture appears to depend on the culture that defines it. This chapter surveys the various definitions of culture in general and legal culture in particular and sets the...

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Diversity in the Epistemology of Judicial Fact-Finding in the Major Legal Traditions of the World

Won L. Kidane.

in The Culture of International Arbitration

March 2017; p ublished online March 2017 .

Chapter. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 16623 words.

This chapter provides a summary of the mechanisms of fact-finding in the various legal traditions to set the stage for the discussions of the complicating effects of cultural...

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