Mediation and commercial contract law, Salehijam, Maryam
Автор: Marcelo Corrales Compagnucci, Mark Fenwick, Stefan Название: Smart Contracts: Technological, Business and Legal Perspectives ISBN: 1509948252 ISBN-13(EAN): 9781509948253 Издательство: Bloomsbury Academic Рейтинг: Цена: 6810.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.
Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation.
The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to 'encourage' mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further 'juridification' process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
Автор: Tiago Andreotti Название: Dispute Resolution in Transnational Securities Transactions ISBN: 1509908463 ISBN-13(EAN): 9781509908462 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Based on author`s thesis (doctoral - European University Institute, 2014).
Описание: Comparing the commercial mediation process in Europe, North America and Australia, and other common, civil and `mixed` jurisdictions, Ronan Feehily analyses the legal and regulatory issues that surround this process. Organised systematically and written in an accessible style, Feehily offers a holistic account of the core principles and themes.
Описание: Comparing the commercial mediation process in Europe, North America and Australia, and other common, civil and `mixed` jurisdictions, Ronan Feehily analyses the legal and regulatory issues that surround this process. Organised systematically and written in an accessible style, Feehily offers a holistic account of the core principles and themes.
Описание: The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale’s interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
Автор: Maria Hook Название: The Choice of Law Contract ISBN: 1849467641 ISBN-13(EAN): 9781849467643 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Автор: Beale, H G; Bishop, W D; Furmston, M P Название: Contract: Cases and Materials ISBN: 0199287368 ISBN-13(EAN): 9780199287369 Издательство: Oxford Academ Рейтинг: Цена: 7602.00 р. Наличие на складе: Поставка под заказ.
Описание: This casebook comprises a wide selection of cases and materials that illustrate the law and place it within its legal and commercial context. The authors highlight difficulties in the law, encouraging students to take their understanding to a deeper level.
Описание: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman’s Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another’s reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower’s unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Автор: Gordon Greg Paterson Название: Uk oil and gas law: current practice and emerging trends ISBN: 1474421741 ISBN-13(EAN): 9781474421744 Издательство: Bloomsbury Academic Рейтинг: Цена: 19325.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In recent years, a great deal has changed in the oil and gas industry, from legal and regulatory change to falling oil prices. This updated third edition of `UK Oil and Gas Law` has been published in two volumes: this volume focuses on commercial and contract law issues.
Автор: Liang, Jieying (the University Of Hong Kong) Название: Party autonomy in contractual choice of law in china ISBN: 1107169178 ISBN-13(EAN): 9781107169173 Издательство: Cambridge Academ Рейтинг: Цена: 18058.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Liang has made a comprehensive study of the party autonomy principle in China from a practical perspective that includes an analysis of the enforceability of choice of law clauses. Legal practitioners working on commercial contracts between Chinese and foreign enterprises and academics alike will find the book of practical use.
Автор: Tiago Andreotti Название: Dispute Resolution in Transnational Securities Transactions ISBN: 1509937471 ISBN-13(EAN): 9781509937479 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.
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