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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Regulatory Competition in Contract Law and Dispute Resolution

Edited by: Dr. Horst Eidenm├╝ller

ISBN13: 9781849464857
Published: August 2013
Publisher: Hart Publishing
Country of Publication: Germany
Format: Hardback
Price: £190.00

Usually despatched in 1 to 3 weeks.

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers.

To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference.

The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Competition Law, Contract Law
Legal rules and economic growth: clearings and thickets (Robert Cooter)
Make it or buy it - a new look at legal transplants (Ralf Michaels)
Law as a by-product: theories of private law production (Larry Ribstein)
Global law's toolbox: How standards form contracts (Dan Wielsch)
Private production of transnational regulation through standard for contracts (Hugh Collins)
Contracting employee involvement: an analysis of bargaining over employee involvement rules for a Societas Europaea (Horst Eidenmuller)
Can living will regulations revive contractual approaches to bankruptcy? (Adam Feibelman)
Choice of law and choice of forum in Europe (Stefan Vogenauer)
The choice of law framework for efficient regulatory competition in contract law (Giesela Ruhl)
Characteristics of contract laws and the European Optional Instrument (Hugh Beale)
Dispute Resolution as a product: competition between civil justice systems (Gerhard Wagner)
The English vs. the American rule on attorneys' fees: an empirical study of attorney fees clauses in publicly-held companies' contracts (Theodore Eisenberg)
Jurisdictional competition for dispute resolution: courts versus arbitration (Erin O'Hara)