Contract Law in International Commercial Arbitration is a pioneering book breaking new ground by focusing in detail on the contract law chosen by the parties to be applied to disputes. The vast bulk of claims in international commercial arbitration is contractual. From that perspective, the choice of applicable contract law comes to occupy centre stage in the arbitration of disputes.
What’s in this book:
This book sets out an analysis of why English, New York, and Swiss contract law is outperforming natural or potential competitors and also examines, among others, the following:
- comparative examination of traditional and contemporary theories of contract law
- identification of contract law principles that are most appropriate to international commercial arbitration
- justification of a contract law theory tailor-made for international commercial arbitration
- application of the theory to contract issues most frequently dealt with in arbitration, and
- focus on claims for damages
How this will help you:
This book elucidates pragmatic adjudication based on facts and consequences rather than conceptualisms and generalities. The ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration is thereby enhanced. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions and providing arbitrators with a set of rules for interpreting contractual provisions, identifying the few public policy rules of contract law selected by the parties, and quantifying damages for breach of contract.
