Ll202 commercial contracts
This presentation is the property of its rightful owner.
Sponsored Links
1 / 19

LL202 Commercial Contracts PowerPoint PPT Presentation


  • 84 Views
  • Uploaded on
  • Presentation posted in: General

LL202 Commercial Contracts. Chris von Csefalvay. Agenda for today . Session 4: ADR and internationalisation ADR Arbitration Internationalisation of commercial law Choice of law Harmonisation. Recap. 1 thing you remember from the lecture.

Download Presentation

LL202 Commercial Contracts

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Ll202 commercial contracts

LL202 Commercial Contracts

Chris von Csefalvay


Agenda for today

Agenda for today

  • Session 4: ADR and internationalisation

    • ADR

      • Arbitration

    • Internationalisation of commercial law

      • Choice of law

      • Harmonisation


Recap

Recap

  • 1 thing you remember from the lecture.

  • 1 thing you did not understand about what was said in the lecture.


Ll202 commercial contracts

ADR

  • History

  • Internal governance of a contract


Lcia standard clause

LCIA standard clause

  • In the event of a dispute arising out of or relating to this contract..., and if the dispute cannot be settled through negotiation, the parties shall first seek settlement of that dispute by mediation in accordance with the [...] Mediation Procedure...

  • If the dispute is not settled by mediation within [ ] days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the [...] Arbitration Rules.


Lcia standard clause1

LCIA standard clause

  • In the event of a dispute arising out of or relating to this contract..., and if the dispute cannot be settled through negotiation, the parties shall first seek settlement of that dispute by mediation in accordance with the [...] Mediation Procedure...

  • If the dispute is not settled by mediation within [ ] days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the [...] Arbitration Rules.


Judicial support of arbitration

Judicial support of arbitration

  • Statutory ADR

  • Pre-trial ADR period

  • S9 Arbitration Act 1996

  • Injunctions &c. brought in support of an arbitration


Arbitration myth and reality

Arbitration: myth and reality

  • The myth:

    • Cheap

    • Competent

    • Flexible

    • Confidential


Arbitration myth and reality1

Arbitration: myth and reality

  • The myth:

    • Cheap <- No.

    • Competent <- If you can afford it.

    • Flexible <- Depends.

    • Confidential <-Yes.


International arbitration

International arbitration

  • Benefit: NY Convention

    • Enforceability worldwide (Art II(1) and (3))

    • No double exequatur

    • Presumption of validity

    • No review of merits (usually...)


Lex arbitri arbitral seat location

Lexarbitri/arbitral seat/location

  • Arbitral seat != place of arbitration

    • Default law

    • Place of setting aside

  • Place of enforcement

    • Public policy

  • Institutitional rules


Internationalisation

Internationalisation

  • Primary conflicts principle: party choice

    • Art.3 Rome I: free choice

    • However, overriding mandatory provisions of the lexforicannot be ‘internationalised away’: Art.9 Rome I

    • Wholesale refusal of application only for reasons of ordre public: Art.21 Rome I


Non state law

Non-state law

  • Art.3 Rome I:

    “A contract shall be governed by the law chosen by the parties.”

    – Do you think this includes non-state law?


Non state law1

Non-state law

  • Treatment by arbitral tribunals:

    • s46 AA: any set of rules?

    • Art.22 LCIA Rules: ‘rules of law which it considers appropriate’ – does that include non-state law?


Harmonisation and uniformisation

Harmonisation and uniformisation

  • Uniform global commercial law?

    • CISG: successful

    • ULISA: not so much...

    • Cape Town Convention: brilliant – but largely ignored


Model laws

Model laws

  • UNCITRAL on cross-border insolvency

  • UNIDROIT model franchise disclosure

  • INCOTERMS

  • UCP600 (documentary credit)

  • GPCL: Unidroit Principles


European developments

European developments

  • PECL

  • Draft Common Frame of Reference (please check the video)


Classroom discussion of questions

Classroom discussion of questions

  • Please discuss each question in your group for five minutes.

  • Please present your findings.


End of session 3

End of session 3

See you tomorrow morning in the same place.

Please do the recommended readings and think about the questions.


  • Login