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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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The Lex Mercatoria in Theory and Practice (Hardcover)
Loot Price: R4,188
Discovery Miles 41 880
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The Lex Mercatoria in Theory and Practice (Hardcover)
Expected to ship within 12 - 19 working days
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The book offers a theoretically justified and pragmatic concept of
the so-called 'lex mercatoria' contributing to the debate
concerning the existence of this law as an autonomous, a-national
and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a
formula to 'recognize' and apply a rule of the lex mercatoria in
practice. It argues that a rule of the lex mercatoria is
established if there is a majority congruent behaviour within the
business community followed out of fear of criticism and a
willingness to criticise others in case of deviation. This two
element test increases legal certainty and potentially reduces the
time and costs of proving the rule.
Case studies are included to illustrate the practical implications
of the analysis and more difficult issues such as burden of proof,
admissible evidence and the role of written harmonisation measures
are also considered. The approach adopted in the book reduces the
elusiveness of the concept and offers an analysis which makes the
lex mercatoria clearer for scholars and more attractive for
practitioners.
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