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3 - The Impact of the Governing Law
Giuditta Cordero-Moss, Universitetet i Oslo
Book:

International Commercial Contracts

Published online:

09 November 2023

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01 February 2024, pp 135-199
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Summary

Does the applicable law have an impact on the legal effects of contract terms? Is there a convergence between the common law and the civil law? To what extent does the principle of good faith influence the effects of a contract? Does arbitration ensure a uniform interpretation of contracts?

2 - The Role of Transnational Law
Giuditta Cordero-Moss, Universitetet i Oslo
Book:

International Commercial Contracts

Published online:

09 November 2023

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01 February 2024, pp 39-134
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Summary

To what extent does soft law ensure harmonisation? Does it replace the governing law or does it complement it?

1 - International Contract Practice and Its Expectations in Terms of the Governing Law
Giuditta Cordero-Moss, Universitetet i Oslo
Book:

International Commercial Contracts

Published online:

09 November 2023

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01 February 2024, pp 8-38
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Summary

Contract practice andthe reasons for its standardised style. A discussion ofboilerplate clauses. A presentation of the theories of the relational contract and of the autonomous contract.

Contract Terms, Applicable Law and Arbitration
2nd edition
Giuditta Cordero-Moss
Published online:

09 November 2023

Print publication:

01 February 2024
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Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.

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