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Rethinking Choice of Law in Cross-border Sales
"The governing contract law dictates and regulates the life of a contract. Despite its importance, little is known about the choice of law decision-making process. Is there (ir)rationality involved? How can we ascertain this? How can we improve these judgements? [This book examines] what factors determine the way contracting parties choose the law to govern their agreements. It presents evidence on how negotiators approach this topic, including the main drives and triggers of their decisions. The book also invites readers to explore and understand the idiosyncratic world of contracting parties' minds; a complex device of imperfections, cognitive limitations, and emotions. The book proposes alternatives and mechanisms to tackle, control or minimise the effects of cognitive errors within judgements."--
Compra e Venda Internacional de Mercadorias
A negociação da lei aplicável ao contrato internacional, não raro, reúne dois posicionamentos de recuo ou de zona de conforto: (i) a posição de 'orgulho nacional'; a minha lei é a opção acertada e devo defendê-la categoricamente; ou (ii) a posição de 'medo do desconhecido': reconheço a existência de outras leis e regras jurídicas, mas não as domino ou compreendo plenamente (ou em qualquer nível de conforto), então presumo sua ineficiência, ou receio desconhecer as suas armadilhas jurídicas. Esta obra propõe uma abordagem orientada para a negociação da escolha da lei aplicável: o autor defende alterar o centro de gravidade do ponto 'familiaridade' para 'adequação e viabilidade comercial'; a lei aplicável compreendida como elemento chave do contrato – saber quando e como escalar e quando isso não vale a pena; avaliar e quantificar, valendo-se de métricas de governança, a capacidade da lei em dar efeito às cláusulas contratuais, ou de suprir ou interferir (n)os termos do contrato, ou de preencher lacunas para emprestar significado e efeito ao contrato.
Negotiating Int Comm Contracts
"A must-have toolkit for anyone entering the unchartered territory of international contracts"Prof. (em.) Ingeborg Schwenzer "Teachers and students sometimes struggle to place the issues at stake [in the negotiation of international commercial contracts: choice of law and choice of dispute resolution methods] in a context that truly replicates the realities of practice. That is precisely what this book - with its combination of practical commentary and practical exercises - manages to do. It is nothing short of a pedagogically pathbreaking tool for all who contemplate working in this field." Prof. George A. Bermann "A useful tool to assist lawyers hoping to enhance their skills in negotiatin...
Integration and International Dispute Resolution in Small States
This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.
Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a detailed analysis of the judicial interpretation and application of the New York Convention by reference to case law from 45 Contracting States. The Guide, and the newyorkconvention1958.org website which supplements it, will become an essential tool that benefits all those involved in the interpretation and application of the New York Convention, including judges, arbitrators, practitioners, academics and Government officials. The Guide gives clear expression to the principal finding of extensive research, namely, that the Contracting States have interpreted and applied the New York Convention in an overwhelmingly consistent manner and that courts have diverged from the general trends in the case law in only isolated instances. As such, the Convention continues to fulfill its purpose of facilitating the worldwide recognition and enforcement of arbitral awards to the greatest extent possible.
Earnings Inequality and Dynamics in the Presence of Informality
Using rich administrative and household survey data spanning 34 years from 1985 to 2018, we document a series of new facts on earnings inequality and dynamics in a developing country with a large informal sector: Brazil. Since the mid-1990s, both inequality and volatility of earnings have declined significantly in Brazil's formal sector. Higher-order moments of the distribution of earnings changes show cyclical movements in Brazil that are similar to those in developed countries like the US. Relative to the formal sector, the informal sector is associated with a significant earnings penalty and higher earnings volatility for identical workers. Earnings changes of workers who switch from formal to informal (from informal to formal) employment are relatively negative (positive) and large in magnitude, dispersed, negatively (positively) skewed, and less leptokurtic. Our results suggest that informal employment is an imperfect insurance mechanism.
