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In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.
Sweden is one of a handful of countries where the international arbitral process has reached a stage where the jurisprudence is replete with instances involving no local parties at all. Due in all likelihood to this context of especially credible neutrality, the Stockholm Chamber of Commerce (SCC) has emerged as a leading global arbitral institution. Whether the matter at issue is a business transaction dispute or a politicized conflict involving obdurate parties, the richness of its body of decided cases manifests the SCC’s authority and reliability throughout the converging world of international arbitration. The present book, written by thirteen eminent practitioners, provides a practic...
The SCC Arbitral Awards contains the text of all arbitral awards from the Arbitration Institute of the Stockholm Chamber of Commerce that have been previously published in the Stockholm Arbitration Report (SAR) between 1999 and 2003. This is the only source for SCC Arbitral Awards! The awards are subject to commentary by leading authorities including distinguished arbitrators, lawyers, justices and other legal professionals. The extracts from the arbitral awards provide indispensable and extremely helpful insights into the attitudes of tribunals on arbitration matters and arbitral awards worldwide. This publication is essential for the practitioner and the legal professional who needs to be up to date on key arbitration issues involving SCC arbitration in particular but also arbitration in general as well.
The ICC has enunciated several rules, practices, standard contracts, & clauses for the facilitation of international trade. Although guidance exists for commercial practice in many different sectors--such as sale of goods, agency, insurance, documentary credits, guarantees, & transport--merchants & legal practitioners face a difficult task in trying to understand the interrelation of the various rules & practices within the vast area of international trade. International Commercial Transactions fills this gap in understanding by presenting a concise look at the most relevant rules & practices applicable to transnational trade transactions. The bases for its analysis include generally accepte...
This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which...
The contributions contained in these conference proceedings illustrate how the existing and future regulatory framework operates for online business transactions. Legal Aspects of an E-Commerce Transaction examines various national and international laws and treaties as well as European Community law. The book looks at self-regulatory codes of conduct elaborated by business organizations relating to advertising, spam, competition, and the use of intellectual property rights, to the conclusion of online contracts and their performance. Additionally, post-contractual issues, dispute resolution, and taxation are discussed, and their interaction is examined. Rules on electronic payment, electronic invoicing, and the taxation of electronic business transactions are equally addressed.
The Arbitration Institute of the Stockholm Chamber of Commerce has become an important forum for international commercial arbitration, with parties from more than 30 countries, especially Western European countries and increasingly Russia, other Eastern European Countries, and China. The author offers practitioners several background chapters on commercial arbitration in Sweden and a detailed analysis of each section of the Swedish Arbitration Act (SAA). This is a ready-reference handbook analyzing Swedish arbitration- the SAA, the Rules, and cases-and also includes references and commentary with respect to international commercial arbitration in general. The author's intention is to help pr...
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This text, with its accompanying documentary Handbook for Global Business Law, substantially revises and updates the very popular first edition of Global Business Law (by David Frisch and Raj Bhala). In doing so, this second edition provides students of international business law (especially in law schools but also in practice) with a clear "story line" that addresses key questions facing international business lawyers as they advise clients on the three main forms of international business -- commercial sales, licensing & franchising, and foreign direct investment. In particular, the new edition provides helpful chapter overviews and Study Questions to highlight key elements to be drawn from the material. These new features -- together with a streamlining of case reports and secondary materials, a modest restructuring of the topics presented, additional illustrations and sample forms, and an updating from the earlier edition -- combine to make this text a clean and comprehensive introduction to the principles and practice of global business law.