1st Edition
Commercial Contract Law and Arbitration From Assignments to Unfair Terms
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the purpose of international commerce and trade.
Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.
Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.
Introduction
Mads Andenas KC
1. Connecting Commercial Contract Caw and Arbitration across Disciplines
Maren Heidemann
Part I: Contract in Arbitration and Assetization
2. Contractual Claims versus Treaty Claims in Investor-State Disputes: Do Umbrella Clauses have a Future?
Leonardo Carpentieri
3. Investment Arbitration and the Rule of Law: How Transparency Impacts on Domestic Accountability
Radosveta Vassileva
4. Picking up the Tab: Monetising Arbitral Claims and Awards
Gautam Mohanty and Rituparna Padhy
5. Expropriation of Arbitral Awards: Contextualising the Indian Practice vis-a-vis the Antrix Devas Dispute
Gautam Mohanty and Arnav Doshi
Part II: Contract Governance and Assetization
6. Business Law in Europe after Brexit: The Need for Legal Transnationalisation in the International Market Place and The Example of International Assignments
Jan H Dalhuisen
7. The "Ownership" of Personal Data
Guido Alpa
8. The Future of Unfair Terms Regulation in Commercial Contracts
Marcus Moore
9. On the Contractual Power of Digital Platforms
Guido Alpa
Biography
Mads Andenas KC is a founding director of the London Centre for Commercial and Financial Law (LCF). He is also an ICSID arbitrator for Norway and a professor of private law at the University of Oslo, Inland Norway University of Applied Sciences and Welfare across Borders: Solidarity, Equality and Free Movement, funded by the Norwegian Research Council.
Maren Heidemann is a founding director of the LCF. Admitted to the German bar in 1994, she holds a PhD and LLM from the University of Nottingham, has published extensively on commercial law and has taught law at UK and European academic institutions including the University of Glasgow and the Centre for Commercial Law Studies, Queen Mary, University of London.
