Oxford Index Browse

You are looking at 1-10 of 12 items for:

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

Refine by type

Refine by product

 

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...

Go to Oxford Scholarship Online »  abstract

The Law Merchant and Choice of Law

H. Patrick Glenn.

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. 8951 words.

This chapter discusses the concept of usages as “law merchant,” in the traditional sense of informal or nonwritten commercial norms. It examines the role of the law merchant in...

Go to Oxford Scholarship Online »  abstract

Not Merely Facts

Helge Dedek.

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. 9453 words.

The German law of contract subscribes to an objective theory of contractual interpretation that allows the judge to build the contract as it “should have been” according to pertinent trade...

Go to Oxford Scholarship Online »  abstract

Trade Usages and Implied Terms in the Age of Arbitration

Edited by Fabien Gélinas.

February 2016; p ublished online May 2016 .

Book. Subjects: Private International Law and Conflict of Laws; Company and Commercial Law. 328 pages.

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms, and the arbitrator often resolves the dispute by applying trade...

Go to Oxford Scholarship Online »  abstract

Trade Usages as Transnational Law

Fabien Gélinas.

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. 11312 words.

In examining trade usages in the transnational context, this chapter takes as its starting point the perspective of international commercial arbitration, where a narrow conception of usages...

Go to Oxford Scholarship Online »  abstract

Trade Usages in ICC Arbitration

Emmanuel Jolivet, Giacomo Marchisio and Fabien Gélinas.

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. 8900 words.

In this chapter’s analysis of ICC arbitral awards, two different interpretations of usages can be observed—on the one hand, the strict notion of a trade usage as a repeated practice; on the...

Go to Oxford Scholarship Online »  abstract

Trade Usages in the Convention on Contracts for the International Sale of Goods

Geneviève Saumier.

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. 8544 words.

The CISG, a uniform substantive law of commercial contracts, envisions both subjective and objective conditions for establishing the intent of parties. It allows for the application of...

Go to Oxford Scholarship Online »  abstract

Usages and Implied Obligations under the UNIDROIT Principles of International Commercial Contracts

Lauro Gama.

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. 28095 words.

This chapter examines how usages have developed in the context of the UNIDROIT Principles of International Commercial Contracts, drawing out their normative, binding, and interpretive...

Go to Oxford Scholarship Online »  abstract

Usages and Implied Terms in Italy

Luca G. Radicati di Brozolo and Giacomo Marchisio.

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. 9459 words.

This chapter provides a theoretical and practical survey of usages under Italian law. It begins with a general overview of contract theory and the taxonomy of usages, in order to suggest...

Go to Oxford Scholarship Online »  abstract

Usages and Implied Terms in the United States

Christopher R. Drahozal.

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. 8293 words.

The UCC’s incorporation strategy, using usage of trade, course of performance, and course of dealing to interpret and fill gaps in the parties’ contract, is central to U.S. law on usages...

Go to Oxford Scholarship Online »  abstract