Trade Usages and Implied Terms in the Age of Arbitration

By: Fabien Gélinas (Editor)

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Hardcover | 19 February 2016

At a Glance

Hardcover
328 Pages

Dimensions(cm)
16.0 x 23.4 x 2.8

Hardcover

RRP $423.00

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If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing.

Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.

Industry Reviews

"Overall, Trade Usages and Implied Term in the Age of Arbitration offers a useful summary of the application of trade usages in major legal systems, while not shying away from the complexity and difficult questions the employment of such usages invites in the transnational context. It will therefore undoubtedly prove helpful to both practitioners of transnational arbitration, as well as more academically minded lawyers." -- Epaminontas E. Triantafilou & Marina Boterashvili, ITA in Review "This fine work on trade usage and implied terms presents an intellectual smorgasbord of robust analysis on some of the most vexing questions in international trade and investment. Taking a comparative perspective to the law of cross-border economic relations, the book will assist all who seek a better understanding of questions encountered in the day-to-day tumult of arbitration practice, as well as deeper insights into the doctrinal dilemmas facing private dispute resolution. A first-rate piece of scholarship." - Professor William W. Park, Boston University. General Editor, Arbitration International

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