Oxford Index Search Results

You are looking at 1-20 of 309 items for:

decision-making x Law x Private International Law and Conflict of Laws x clear all

Arbitral Decision-Making: Legal Realism and Law & Economics

Thomas Schultz.

in Journal of International Dispute Settlement

July 2015; p ublished online June 2015 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11459 words.

As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What...

Systemic Bias and the Institution of International Arbitration: A New Approach to Arbitral Decision-Making

Stavros Brekoulakis.

in Journal of International Dispute Settlement

November 2013; p ublished online September 2013 .

Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 18386 words.

As international arbitration expands, arbitral decision-making comes under scrutiny, with many raising legitimate questions: how do arbitrators decide? Do they tend to favour certain...

“It Must Be Rock Strong!” Guanxi’s Impact on Judicial Decision Making in China

Xin He and Kwai Hang Ng.

in The American Journal of Comparative Law

January 2018; p ublished online December 2017 .

Journal Article. Subjects: Law; Comparative Law; Systems of Law; International Law; Private International Law and Conflict of Laws. 14567 words.

Abstract

Drawing upon data interviews with Chinese judges who were involved in the decision-making process, we develop two variables for analyzing the...

Studying International Arbitral Culture

Joshua Karton.

in The Culture of International Arbitration and The Evolution of Contract Law

March 2013; p ublished online May 2013 .

Chapter. Subjects: Private International Law and Conflict of Laws. 13010 words.

This chapter provides some background to the cultural theory of international arbitral decision-making presented in the following two chapters. It sets out a definition of ‘culture’ as the...

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La négociation internationale institutionnelle de droit privé (IIème partie)

Jean-Paul Béraudo.

in Uniform Law Review

April 1997; p ublished online April 1997 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 0 words.

NEGOTIATING INTERNATIONAL PRIVATE LAW INSTRUMENTS: THE INSTITUTIONAL CONTEXT (Abstract)

by Jean-Paul Béraudo, President of the Commercial...

The Culture of International Arbitration and The Evolution of Contract Law

Joshua D H Karton.

March 2013; p ublished online May 2013 .

Book. Subjects: Private International Law and Conflict of Laws. 312 pages.

This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that...

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Case Study 2: The Interpretation of Contracts

Joshua Karton.

in The Culture of International Arbitration and The Evolution of Contract Law

March 2013; p ublished online May 2013 .

Chapter. Subjects: Private International Law and Conflict of Laws. 22741 words.

This chapter presents a case study of international arbitral decision-making in action on a discrete area of contract law. It examines the decisions of international commercial arbitrators...

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Case Study 1: Suspension of Performance

Joshua Karton.

in The Culture of International Arbitration and The Evolution of Contract Law

March 2013; p ublished online May 2013 .

Chapter. Subjects: Private International Law and Conflict of Laws. 19710 words.

This chapter presents a case study of international arbitral decision-making in action on a discrete area of contract law. It examines the decisions of international commercial arbitrators...

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Canadian courts and uniform interpretation: an empirical reality check

Joshua Karton and Samantha Wynne.

in Uniform Law Review

August 2013; p ublished online June 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 15902 words.

Developing uniform rules for commercial contracts in Greater China: challenges and possibilities

John Mo.

in Uniform Law Review

June 2013; p ublished online April 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 13060 words.

El Paso v Argentine Republic: Unidroit Principles of International Commercial Contracts as a reflection of ‘general principles of law recognized by civilized nations’ in the context of an investment treaty claim

Andrea Marco Steingruber.

in Uniform Law Review

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 10846 words.

The International Institute for the Unification of Private Law’s Principles of International Commercial Contracts (PICC) are intended—as their name suggests—to be general rules for...

Court’s role in deciding the arbitrator’s jurisdiction: is Kompetenz-Kompetenz exclusive?

Mohammad A. Almomani and Ibrahim M. Obeidat.

in Uniform Law Review

August 2015; p ublished online September 2015 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 4248 words.

The arbitrator has the competence to rule on his competence. This is called the Kompetenz-Kompetenz principle, and it is recognized worldwide. As to giving the court competence to decide...

The forum non conveniens doctrine put to the test of uniform private international law in relation to air carriers’ liability: lack of harmony between US and French decisional outcomes

Sandra Adeline.

in Uniform Law Review

August 2013; p ublished online June 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 8714 words.

Unidroit Principles as rules applicable to international contracts: With regard to the Colombian Supreme Court of Justice’s ruling on 21 February 2012

Jorge Oviedo - Albán.

in Uniform Law Review

March 2014; p ublished online January 2014 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 4153 words.

Mediation agreements: time for a more creative approach by the English courts

Neil Andrews.

in Uniform Law Review

June 2013; p ublished online March 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 5072 words.

The accession by Spain to the Cape Town Convention: a first assessment

Teresa Rodríguez de las Heras Ballell.

in Uniform Law Review

March 2014; p ublished online February 2014 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 11349 words.

On 28 June 2013, Spain’s instrument of accession to the Convention on International Interests in Mobile Equipment was deposited with Unidroit together with several declarations. The Cape...

The making of world society through private commercial law: the case of the Unidroit Principles

Aldo Mascareño and Elina Mereminskaya.

in Uniform Law Review

December 2013; p ublished online August 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 10436 words.

Future prospects of the unification of contract law in Europe and worldwide

Michael Joachim Bonell and Ole Lando.

in Uniform Law Review

June 2013; p ublished online March 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 7667 words.

Contracting in global supply chains and cooperative remedies

Fabrizio Cafaggi and Paola Iamiceli.

in Uniform Law Review

August 2015; p ublished online August 2015 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 23369 words.

Contractual relationships may have different content and functions depending on whether the enterprises operate in global open markets or in ‘close’ global supply chains (GSCs). GSCs are...

News from the Hague Conference on Private International Law*

in Uniform Law Review

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Private International Law and Conflict of Laws. 6239 words.