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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Unidroit's Rules in Practice

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ISBN13: 9789041188632
ISBN: 9041188630
Published: November 2000
Publisher: Kluwer Law International
Format: Hardback
Price: £165.00



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In the law of contracts, the term ""internationalization"" has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The benefits include avoidance of choice-of-law and venue deadlocks, use of clearly defined terms (sometimes specialized for a particular industry) that have attained general international usage, and escape from the jurisdiction of unacceptable laws, legal systems and courts. The trend has picked up speed in recent years, to the point where many business people want their contracts ""internationalized"" as a matter of course.;This volume focuses on the elements that make a contract ""international"" in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. It provides an understanding of the principles that underlie the structure of a sound international commercial contract, and aims to give the practitioner the insight necessary to negotiate such a contract successfully, whatever the particular circumstances.;To clarify such an understanding of ""internationalization"", the author describes and analyzes aspects of the following international contract law regimes: the United Nations convention on contracts for the international sale of goods (CISG); the UNIDROIT principles; CISG and UNIDROIT jurisprudence; the ""lex mercatoria"" and other international, regional, and national contract law principles; privately established rules, standards and certifications; model contracts, provisions, and standards; and international commercial arbitration regimes and other non-national dispute resolution fora.;A final chapter deals exclusively with practical applications - when to and when not to ""internationalize"" a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for ""internationalization"".

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Subjects:
Public International Law
Contents:
The setting - the United Nations convention on contracts for the international sale of goods; UNIDROIT principles of international commercial contracts - the text; UNIDROIT principles of international commercial contracts - the commentary; the CISG and limitation conventions and the UNIDROIT principles of international commercial contracts - legal interpretations; other international contract law principles; privately-established international contract rules, standards, and certifications; model and standard contracts, provisions, and terms for international use; non-national dispute resolution forum selection; the CISG, the UNIDROIT principles, and other contract internationalization devices - how they complement each other, how they contradict or compete with each other, and how to use them.