Routledge Handbook on Transnational Commercial Law

Auteur

Bruno Zeller is Professor and Senior Research Fellow at University Western Australia and Adjunct Professor at The Sir Cowan Centre at the Victoria university.

Camilla Baasch Andersen is Professor at the Law School, University of Western Australia and Fellow at the Pace Institute of International Commercial Law.

Texte du rabat

With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution.

Résumé

This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution.

The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past twenty years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law.

Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.

Contenu

About the Editors

List of contributors

Preface

Introduction by Roy Goode

Section I: Transnational Commercial Laws; Theory and Methods

Chapter 1 Transnational contract law - concepts and definitions

Maren Heidemann

Chapter 2 Relational Contract Theory and the CISG A New Interpretational Framework?

Claire Jing Ni Tai & Camilla Andersen

Section II: Transnational Sales

Chapter 3 Inside Out: The outer limits of the CISG in times of change Smart contracts, AI, digital assets and cryptocurrency

Lisa Spagnolo

Chapter 4 The UNIDROIT Principles of International Commercial Contracts

Olaf Myer

Chapter 5 CISG in the Metaverse

Pilar Perales and Monica Lastiri

Chapter 6 The CISG - where are we now

Edgardo Muñoz

Chapter 7 If not when? The Scope of Art. 79 CISG in Light of the Covid-19 Pandemic

Timothy Hebbard

Chapter 8 Conflict of laws for sustainable supply chains: a magic wand or a medieval club?

Ekaterina Pannebakker

Section III: Asset Securitization and Insolvency

Chapter 9 Harmonising insolvency law around the world: successes and failures

Emilie Ghio

Chapter 10 Asset Securitization in Bankruptcy

Steven Walt

Section IV: Issues of Carriage and Finance

Chapter 11 Marine Insurance in the modern age: The way forward post the Insurance Act 2015 and the disruption of the insurance sector from AI

Kyriaki Noussia

Chapter 12 The UK's Electronic Trade Documents Bill: Towards the Legal Recognition of Electronic Transferable Records in International Trade.

Caslav Pejovic and Lee Unho

Chapter 13 A contract for the carriage of goods by sea involving Australia Chapter 11 of the Carriage of Goods by Sea Act 1991 (Cth) revisited.

Poomintr Sooksripaisarnkit

Section V: International Commercial Dispute Resolution

Chapter 14 Avoiding Pitfalls when Drafting and Enforcing Multi-Tier Dispute Resolution Agreements

Joshua D. H. Karton

Chapter 15 Comparative analysis of the interpretation and application of the public policy exception under Article V(2)(b) of the New York Convention

Francesco Mazzotta

Chapter 16 Choosing the Law Applicable to the International Arbitration Agreement

Miquel Mirambell Fargas

Section VI: Data Protection Laws

Chapter 17 Data transfers in international commercial contracts

Pieter Wolters

Chapter 18 AI and making of contracts

Sergio Cortes Beltran

Chapter 19 Digital Finance, Tokenisation and International Commercial Arbitration

Robert Walters

Section VII: New Frontiers

Chapter 20 From Intermediated to Digital Assets: Aspects of Client Protection.

Thomas Keijser

Chapter 21 Human rights compliance clauses in International Contracts

Johanna Hoekstra

Chapter 22 Regulating Business in the metaverse

Andrea Guaccero

Chapter 23 Lawyers and their use of AI: What are the implications for professional responsibility

Bruno Zeller and Simon Burgess

Chapter 24 Contract Automation - stretching functional equivalence and technological neutrality to breaking point?

Christian Twigg-Flesner

Index