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Interpretation of Contracts in Comparative and Uniform Law

ISBN13: 9789403511306
Published: May 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £148.00

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Interpretation of Contracts in Comparative and Uniform Law examines major legal systems and uniforms law on the basis of resources particular to that legal system through the presentation of relevant case laws and discussions in the literature, ultimately drawing some conclusions on the general trends that can be identified in comparative law relating to all the common discussions. Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus, a thorough comparative examination of the principles of interpretation of contracts in individual legal systems and uniform laws becomes an essential resource.

What’s in this book:

The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language.

Specific issues and topics raised include the following:

  • “subjective” versus “objective” interpretation;
  • historical reasons for basic differences in the approaches of individual legal systems;
  • the principle of freedom of contract;
  • good faith and fair dealing;
  • rules that restrict the interpretation of contracts; and
  • commercial usage.
The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts.

How this will help you:

Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case laws in the legal systems and uniform law texts most commonly used as governing law in international disputes. Corporate counsel, scholars and academics will find this book as a secondary source for research of the historical development and policy outcomes of the decisions of lawmakers.

Contract Law, Arbitration and Alternative Dispute Resolution
List of Abbreviations
Historical Development of the Principles of the Interpretation of Contracts
Interpretation of Contracts in Comparative Law
Interpretation of Contracts in Uniform Law
Final Remarks on General Tendencies in Comparative and Uniform Law on the Interpretation of Contracts
Table of Cases

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published March 2021
Kluwer Law International
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print