您的购物车中没有商品。

The Lex Mercatoria in Theory and Practice

The Lex Mercatoria in Theory and Practice

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199685721
  • 出版时间 January 2017
  • 规格: Hardback , 368 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,255.50

¥1,217.84 Save ¥37.67 (3%)

发货时间:大约 4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • The most comprehensive analysis of this legal system
    • Provides a formula to 'recognise' and apply a rule of the lex mercatoria in practice
    • Uniquely connects the fields of the lex mercatoria, public international law and jurisprudence
    • Includes case studies to illustrate how the rules may be applied in practice

    The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice.

    This new work equips commercial arbitrators and counsel with a formula to 'recognise' and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within the business community followed out of fear of criticism and a willingness to criticise others in case of deviation. This two element test increases legal certainty and potentially reduces the time and costs of proving the rule.

    Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonisation measures are also considered. The approach adopted in the book reduces the elusiveness of the concept and offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.

    Readership: Scholars and practitioners interested in commercial law and arbitration, arbitrators and judges

  • 1: The Debate as it currently stands
    2: The existing accounts of the Lex Mercatoria
    3: Framework for an Analytical Account - Clarifying Termin.
    4: Framework for an Analytical Account - The Autonomous Status
    5: Opening the Debate to Public International Law
    6: Opening the Debate to Jurisprudence
    7: The Lex Mercatoria as a Legal System
    8: The Lex Mercatoria before an Arbitrator
    9: Conclusion

  • Dr Orsolya Toth has formerly been an Associate in the International Arbitration Group at Allen & Overy. She was educated at Keble College, Oxford where she obtained her DPhil, MPhil and MJur degrees. She was awarded the Allen & Overy Prize for best performance in Transnational Commercial Law during the BCL/MJur examinations at Oxford. She has acted as counsel on numerous commercial and investment treaty arbitrations in a range of industry sectors. Dr Toth is the author of several articles in the field of legal harmonisation and arbitration.

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥497.55

¥482.62 Save ¥14.93 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,161.07
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,283.40

¥1,244.90 Save ¥38.50 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,255.00

¥3,157.35 Save ¥97.65 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,395.00

¥1,353.15 Save ¥41.85 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,329.40

¥3,229.52 Save ¥99.88 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,120.40

¥2,056.79 Save ¥63.61 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,092.00

¥3,969.24 Save ¥122.76 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,934.40

¥1,876.37 Save ¥58.03 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,395.00

¥1,353.15 Save ¥41.85 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,860.00

¥1,804.20 Save ¥55.80 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,674.00

¥1,623.78 Save ¥50.22 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,674.00

¥1,623.78 Save ¥50.22 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,325.00

¥2,255.25 Save ¥69.75 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥2,974.14

¥2,884.92 Save ¥89.22 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,643.99

¥2,564.67 Save ¥79.32 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥457.56

¥443.83 Save ¥13.73 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,860.00

¥1,804.20 Save ¥55.80 (3%)

Hong Kong Family Court Practice, 4th Edition
Hong Kong Family Court Practice, 4th Edition

List Price: ¥2,511.00

¥2,435.67 Save ¥75.33 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,581.00

¥1,533.57 Save ¥47.43 (3%)