1st Edition
Routledge Handbook on Transnational Commercial Law
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 Meyer
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 Smart contracts 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
Biography
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.
“The scope of this new book is impressive. Its 24 chapters fall into seven sections. These deal respectively with the theory and methods of harmonisation, transnational sales, asset securitisation and insolvency, issues of carriage and finance, international commercial dispute resolution, data protection laws and new frontiers, including the digital economy and smart contracts. There are new observations on long-established instruments such as the UNIDROIT Principles of International Commercial Contracts, the UN Convention on Contracts for the International Sale of Goods, and the Cape Town Convention on International Interests in Mobile Equipment. Each chapter provides new insights into both new and old problems.
This is a collection of essays which merits close attention by all those having an interest in transnational commercial law, whether as students, teachers or practising lawyers. It merits all the success it will undoubtedly achieve.”
Sir Roy Goode, QC; University of Oxford, UK
