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Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade


ISBN13: 9781509907434
Published: August 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £31.99
Hardback edition , ISBN13 9781849465403



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets.

The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts.

Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant.

Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures; this book explains how complex exchange on global markets has emerged in the absence of a global legal order.

Subjects:
Contract Law, International Trade
Contents:
Acknowledgements
List of Figures
List of Tables
Introduction

Part I Theoretical Framework and Research Question
1. Contract Enforcement Institutions
2. State-enforced Contract Law and the Development
3. Does Globalisation Lead to a Decline of State Contract Law?

Part II Empirical Study
4. Research Design
5. Scenario 1: How German Companies Enforce Contracts
6. How Bulgarian and Romanian Firms Enforce Contracts
7. How Indian Firms Enforce Contracts When Selling
8. How Contracts between German Buyers and Suppliers from Bulgaria and Romania are Enforced after Bulgaria and Romania Entered the EU
9. Overall Results

PART III Explanations and Theoretical Results
10. Economic Globalisation and the Decline of State Contract Law
11. The Limits of International Commercial Arbitration
12. ICT and the Rise of Informal Contract Enforcement

Bibliography
Index

Series: International Studies in the Theory of Private Law

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Wrongful Enrichment: A Study in Comparative Law and Culture ISBN 9781509935154
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Wrongful Enrichment: A Study in Comparative Law and Culture ISBN 9781782257059
Published September 2017
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Networks: Legal Issues of Multilateral Co-operation (eBook) ISBN 9781847317247
Published May 2009
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Networks: Legal Issues of Multilateral Co-operation ISBN 9781841139456
Published May 2009
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Comparative Remedies for Breach of Contract (eBook) ISBN 9781847316929
Published February 2005
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£90.00
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Comparative Remedies for Breach of Contract ISBN 9781841134536
Published February 2005
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Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict
Oren PerezLecturer in Law, Bar-Ilan University, Israel
ISBN 9781841133485
Published June 2004
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Transnational Governance and Constitutionalism ISBN 9781841134352
Published June 2004
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