Set-Off in Arbitration and Commercial Transactions

Hardcover | March 20, 2014

byPascal Pichonnaz, Louise Gullifer

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This book considers the issues involved in international commercial disputes where set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims.The book considers the important institutional rules of arbitration procedure such as the Swiss Rules, the CNUDCI, the ICC rules and others. It covers in some detail the various possible solutions to the issue of applicable law under national and supra-national law. Included in this discussion is ananalysis of the Rome I Regulation, the CISG, and the UNIDROIT Principles contained in the PICC and PECL.There is full consideration of the other relevant matters including enforceability, currency issues, and burden of proof. The last section of the book analyses the position of set off in insolvency, including a general comparative look at the situation in common and civil law, and concluding with anexplanation of the effect of the European Regulation on Insolvency Proceedings.Set-off is a commonly used but complex device used to avoid the cumbersome transfer of money in international commercial transactions. The situation is made even more complex when disputes arise bringing issues of applicable law and jurisdiction. This book raises the potential issues and analysesthe probable solutions with reference to national and international laws and arbitral rules. It will assist common law practitioners with practical solutions under major civil law jurisdictions and vice versa.

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This book considers the issues involved in international commercial disputes where set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims.The book considers the important institutional rules of arbitration procedure such as the ...

Pascal Pichonnaz has been a Professor at the Law School of the University of Fribourg (Switzerland) since 2001, where he is also Chair for Private Law and Roman Law (teaching Roman Law, Contract Law, European Private Law and European Consumer Law). He is also a visit professor at several institutions, including the Center for Transnati...
Format:HardcoverDimensions:550 pagesPublished:March 20, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199698082

ISBN - 13:9780199698080

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Table of Contents

IntroductionPart I - Jurisdiction over Claims in Arbitration1. General Aspects2. Various Applicable RulesPart II - Applicable Law (Conflict of Law Rules)3. General Aspects4. Rome Regulation (2008)5. Other Conventions on Applicable Law6. UNIDROIT Principles and European PrinciplesPart III - Set-off Requirements7. General Aspects8. Reciprocity9. Claims of the Same Contract/out of different contracts10. Maturation (claimed accrued)11. Enforceability12. Claims in Different Currencies13. Exceptions and Particular Cases14. Burden of ProofPart IV - Set-off and Insolvency15. General Aspects in English Law16. European Regulation on InsolvencyConclusionAppendix