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Vol 23 No 4 April/May 2018

Book of the Month

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Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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International Contracts and National Economic Regulation

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ISBN13: 9789041198105
ISBN: 9041198105
Published: December 2000
Publisher: Kluwer Law International
Format: Hardback
Price: £137.00



Despatched in 9 to 11 days.

The growth of national economic regulation and the process of globalization increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. International disputes of such a nature inevitably involve both public and private law and raise questions about jurisdiction, applicable contract law, economic regulations and their legitimate international application. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice.;Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as ""proper law"", ""the Rome Convention"" and ""governmental interest analysis"", which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

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Contents:
Table of Abbreviations. Table of Cases. Preface.
1. Introduction.
2. Market Economy, Private Law and Economic Regulations.
3. Regulatory Public Law Sources of Contractual Disputes.
4. National Economic Regulation and the International Legal Order.
5. Party Autonomy in its Jurisdictional Capacity: The Place of International Commercial Arbitration.
6. Challenges to the Arbitrability of Regulatory Disputes: Contractual Failure at the Jurisdictional Level.
7. Substantive Regulatory Disputes and Conflict of Laws Rules.
8. The Adaptability of Two-dimensional Interest Analysis to International Commercial Arbitration.
9. Contractual Balance and Maintaining the Validity of Contract.
10. Conclusion. Bibliography. Index.

Series: Studies in Comparative Corporate & Financial Law

Criminal Finance ISBN 9789041198648
Published June 2004
Kluwer Law International
£187.00
Money Laundering Control in the Caribbean ISBN 9789041199058
Published April 2003
Kluwer Law International
£172.00
The Impact of Modern Influences on the Traditional Duties of Care, Skill and Dilligence of Company Directors
Demetra ArsalidouSchool of Law, University of Exeter
ISBN 9789041198518
Published September 2001
Kluwer Law International
£109.00
Corporate Liability
ISBN 9789041198464
Published June 2001
Kluwer Law International
£101.00
Banks as Financial Advisers ISBN 9789041198280
Published February 2001
Kluwer Law International
£104.00
Money Laundering and Financial Intermediaries ISBN 9789041197955
Published July 2000
Kluwer Law International
£107.00
Directors' Duties: A New Millenium, A New Approach? ISBN 9789041197887
Published April 2000
Kluwer Law International
£162.00
Regulating the Financial Services Sector
George P. GilliganLogan Research Fellow, Department of Business Law and Taxation, Monash University, Australia
ISBN 9789041197573
Published December 1999
Kluwer Law International
£130.00
Shareholder Voting Rights and Practices in Europe and the United States ISBN 9789041197504
Published October 1999
Kluwer Law International
£193.00
Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends
Edited by: Frommel, Rider
ISBN 9789041112279
Published September 1999
Kluwer Law International
£116.00
Conflicts of Interest and Duty
Chizu NakajimaSenior Lecturer, City University Business School, London
ISBN 9789041196989
Published February 1999
Kluwer Law International
£158.00
The Legal Basis of Corporate Governance in Publicly Held Corporations ISBN 9789041196637
Published July 1998
Kluwer Law International
£161.00