Trade Usages and Implied Terms in the Age of Arbitration

Hardcover | May 6, 2016

EditorFabien Gelinas

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If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. Thisrecourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing.Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches andtaking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines theapproach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptualgrounding of trade usages could be in the transnational law of commercial contracts.

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From the Publisher

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. Thisrecourse to trade usages does not create man...

Fabien Gelinas is Professor of Law at McGill University, where he previously served as Associate Dean of Law and Director of the Institute of Comparative Law. He was formerly General Counsel at the International Court of Arbitration of the International Chamber of Commerce and is now chair of the Canadian Arbitration Committee. He teac...

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Kobo ebook|Jun 26 2015

$78.89 online$102.38list price(save 22%)
Format:HardcoverDimensions:328 pages, 9.25 × 6.12 × 0.98 inPublished:May 6, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199916012

ISBN - 13:9780199916016

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