1st Edition

Commercial Contract Law and Arbitration From Assignments to Unfair Terms

Edited By Mads Andenas, Maren Heidemann Copyright 2024
278 Pages
by Routledge

278 Pages
by Routledge

278 Pages
by Routledge

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... Read more

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.