Commercial Contract Law and Arbitration

ISBN-13: 9781032632537 / Twarda / 2024 / 256 str.

Opis

This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the sake of international commerce and trading. 

Spis treści

Introduction

 

1. Connecting Commercial Contract Caw and Arbitration across Disciplines

 

Part I: Contract in Arbitration and Assetization

 

2. Contractual Claims versus Treaty Claims in Investor-State Disputes: Do Umbrella Clauses have a Future?

 

3. Investment Arbitration and the Rule of Law: How Transparency Impacts on Domestic Accountability

 

4. Picking up the Tab: Monetising Arbitral Claims and Awards

 

5. Expropriation of Arbitral Awards: Contextualising the Indian Practice vis-a-vis the Antrix Devas Dispute

 

Part II: Contract Governance and Assetization

 

6. Business Law in Europe after Brexit: The Need for Legal Transnationalisation in the International Market Place and The Example of International Assignments

 

7. The "Ownership" of Personal Data

 

8. The Future of Unfair Terms Regulation in Commercial Contracts

 

9. On the Contractual Power of Digital Platforms 

 

O autorze

Mads Andenas KC is a founding director of the LCF. He is also an ICSID arbitrator for Norway and Professor of Private Law at the University of Oslo, Inland Norway University of Applied Sciences and Welfare across borders: solidarity, equality and free movement (LEVEL), funded by the Norwegian Research Council.

Maren Heidemann is a founding director of the LCF. Admitted to the German bar in 1994, she holds a PhD and LLM from the University of Nottingham, has published extensively on commercial law and has taught law including at the Centre for Commercial Law Studies, Queen Mary, University of London.