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International Arbitration Law Library - Arbitration in Complex International Contracts (Hardcover)
Loot Price: R6,508
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International Arbitration Law Library - Arbitration in Complex International Contracts (Hardcover)
Series: International Arbitration Law Library Series Set
Expected to ship within 10 - 15 working days
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The technical, economic, and social development of the last 100
years has created a new type of long-term contract which one may
call "Complex International Contract". Typical examples include
complex civil engineering and constructions contracts as well as
joint venture, shareholders, project finance, franchising,
co-operation and management agreements. The dispute resolution
mechanism, which normally deals with such contracts, is commercial
arbitration, which has been deeply affected in recent decades by
attempts to improve its capabilities. Most importantly, there is
the trend towards further denationalization of arbitration with
respect to the applicable substantive law. In this regard, a new
generation of conflict rules no longer imposes on the arbitrators a
particular method to be applied for the purpose of determining the
applicable rules of law. Moreover, arbitration more frequently took
on the task of adapting Complex International Contracts to changed
circumstances. Also, special rules have been developed for
so-called multi-party arbitration and fast track arbitration
facilitating efficient dispute resolution. The author describes
these trends both from a practical as well as a theoretical
perspective, evaluating not only the advantages, but also the risks
involved with the new developments in arbitration. Relevant issues
with respect to the drafting and renegotiation of such contracts
are also discussed.
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