Log in

Relevant bibliographies by topics / English law: commercial law / Journal articles

To see the other types of publications on this topic, follow the link: English law: commercial law.

Journal articles on the topic 'English law: commercial law'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'English law: commercial law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Arden, Dame Mary. "Time for an English Commercial Code?" Cambridge Law Journal 56, no. 3 (1997): 516–36. http://dx.doi.org/10.1017/s0008197300098561.

Full text

Abstract:

Parliament has imposed on the Law Commission the duty to review the law of England and Wales “with a view to its systematic development and reform, including in particular the codification of [the] law … and generally the simplification and modernisation of the law”. There are a number of points which flow from this. First, as a body which reviews great swathes of the common law to see if they require to be modernised or simplified, the Law Commission has a unique standpoint from which to view the strengths and weaknesses of the common law method. Second, it has unique experience of law reform

APA, Harvard, Vancouver, ISO, and other styles

2

Beale, Hugh. "Penalty Clauses in English Law." European Review of Private Law 24, Issue 3/4 (2016): 353–72. http://dx.doi.org/10.54648/erpl2016024.

Full text

Abstract:

Abstract: Since 1915, English law has distinguished between penalties (which are unenforceable) and ‘liquidated damages’ (which are enforceable) by the criterion of whether the amount agreed to be payable is extravagant and unconscionable in comparison to a genuine pre-estimate of the loss. Recent cases have suggested that a clause may also be valid, though it was not a genuine pre-estimate of the loss, if it had a commercial justification and was not merely aimed at deterring breach or even if it was aimed at deterring breach, provided that there was a broader social interest in ensuring comp

APA, Harvard, Vancouver, ISO, and other styles

3

Tassoni, Alberto. "Good Faith in English Contract Law: Should the Law Retreat?" Business Law Review 44, Issue 5 (2023): 160–71. http://dx.doi.org/10.54648/bula2023020.

Full text

Abstract:

English courts have traditionally adopted a highly restrictive approach when implying good faith terms in commercial contracts. However, a series of recent judgments has seemed to depart from this tradition. In this paper, first, I reinforce and expand upon arguments that doctrinal support for the implication of such terms is lacking. Second, I clarify why the semantic behaviour of ‘good faith’, contrary to what is typically claimed, does not amount to innocent context-sensitivity. I present a new account of what is distinctively objectionable about implying good-faith terms and also demonstra

APA, Harvard, Vancouver, ISO, and other styles

4

McKenzie, Peter. "A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies." Victoria University of Wellington Law Review 39, no. 4 (2008): 553. http://dx.doi.org/10.26686/vuwlr.v39i4.5478.

Full text

Abstract:

This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but co

APA, Harvard, Vancouver, ISO, and other styles

5

Merrett, Louise, and Antonia Sommerfeld. "Incentives for Choice of Law and Forum in Commercial Contracts: Predicting the Impact of Brexit." European Review of Private Law 28, Issue 3 (2020): 627–63. http://dx.doi.org/10.54648/erpl2020036.

Full text

Abstract:

Looking at the empirical data, English law and England as a forum are currently businesses’ prevailing choice for dispute resolution in international commercial transactions in Europe. This article analyses the factors determining businesses’ choice of contract law and forum in and the underlying mechanisms for businesses’ choices. These findings will be used to analyse what possible effects and consequences Brexit may have for the London commercial courts and the choice of English contract law. Will there be a switch of focus in approaching European commercial contracts and dispute resolution

APA, Harvard, Vancouver, ISO, and other styles

6

Goode, R. "The Adaptation of English Law to International Commercial Arbitration." Arbitration International 8, no. 1 (1992): 1–16. http://dx.doi.org/10.1093/arbitration/8.1.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Forsyth, Christopher, and Philip Moser. "The Impact of the Applicable Law Of Contract on the Law of Jurisdiction under the European Conventions." International and Comparative Law Quarterly 45, no. 1 (1996): 190–97. http://dx.doi.org/10.1017/s0020589300058723.

Full text

Abstract:

The Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, agreed in Brussels on 27 September 1968 (and generally referred to as the Brussels Convention), has been part of English law since the coming into force of the Civil Jurisdiction and Judgments Act 1982.1 The Convention now dominates the law of jurisdiction in civil and commercial matters as well as the law governing the recognition and enforcement of foreign judgments.

APA, Harvard, Vancouver, ISO, and other styles

8

Rezaei, Roghayeh, Reza Soltani, and Masoud Shirani. "Examining the Origins and Nature of Significant Imbalance in Commercial Contracts." Comparative Studies in Jurisprudence, Law, and Politics 5, no. 3 (2023): 113–26. https://doi.org/10.61838/csjlp.5.3.9.

Full text

Abstract:

Whenever there is an imbalance in the rights and obligations of the contracting parties, the contract is considered unfair. This concept is referred to as "unfairness" in English law and as "significant imbalance" in French law, with the distinction that in English law, it falls under consumer protection law, whereas in French law, it is incorporated into contract law. The concept of significant imbalance, which is the focus of the present article, is a legal standard derived from French consumer law and is used by courts to evaluate whether a contractual term is unfair. However, over time, a

APA, Harvard, Vancouver, ISO, and other styles

9

Clifford, Philip, and Eleanor Scogings. "Which law determines the confidentiality of commercial arbitration?" Arbitration International 35, no. 4 (2019): 391–99. http://dx.doi.org/10.1093/arbint/aiz025.

Full text

Abstract:

Abstract Commercial arbitration taking place in England is commonly believed to be confidential, and this is often presented as an advantage over court litigation (which is generally not confidential). However, absent express provision, the precise extent of any confidentiality is a mystery to many and its legal basis, beyond being an implication as a matter of English law, remains unclear. In particular, what is the trigger for the implication: the venue for the arbitration, the seat of the arbitration or the law governing the arbitration agreement? This article addresses these questions.

APA, Harvard, Vancouver, ISO, and other styles

10

Bridge, Michael G. "The English Law of Real Security." European Review of Private Law 10, Issue 4 (2002): 483–508. http://dx.doi.org/10.54648/5096730.

Full text

Abstract:

The subject of security over movable property is rightly seen as belonging to the core of activities dealing with the harmonisation and unification of European private law. The current differences in the laws of Member States of the European Union inhibit the free movement of capital and delay the completion of the internal market. English law is widely considered as sympathetic to secured credit and has therefore facilitating the making of loans to industry and commerce. In this article, the author emphasises the ease and simplicity with which a creditor can take security, drawing attention t

APA, Harvard, Vancouver, ISO, and other styles

11

Jørgensen, Helen. "Interpretation of commercial contracts under english law - a new approach?" Tidsskrift for forretningsjus 4, no. 04 (2016): 111–26. http://dx.doi.org/10.18261/issn0809-9510-1998-04-05.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Belykh, Vladimir S. "Applicable English Law in the Jurisdiction of Russian Commercial Courts." Jurist 1 (January 30, 2019): 22–31. http://dx.doi.org/10.18572/1812-3929-2019-1-22-31.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Pedamon, Catherine. "Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective." European Business Law Review 32, Issue 6 (2021): 1093–124. http://dx.doi.org/10.54648/eulr2021040.

Full text

Abstract:

In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 of 10 February 2016 has changed the principles of judicial interpretation of commercial contracts, and how these compare with the principles in English law. One of the questions I ask is whether the traditional dichotomy between the French subjective approach and the English objective one has been altered now that the objective principle of interpretation has been incorporated in the Code civil. I explore how both jurisdictions deal with the main aspects of judicial interpretation, such as t

APA, Harvard, Vancouver, ISO, and other styles

14

Xu, Lu. "The Changing Perspectives of Chinese Law: Socialist Rule of Law, Emerging Case Law and the Belt and Road Initiative." Chinese Journal of Global Governance 5, no. 2 (2019): 153–75. http://dx.doi.org/10.1163/23525207-12340042.

Full text

Abstract:

Abstract This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s constr

APA, Harvard, Vancouver, ISO, and other styles

15

Ostendorf, Patrick. "Auslegung und Wirksamkeit von Freizeichnungsklauseln im unternehmerischen Geschäftsverkehr im deutschen, Schweizer und englischen Recht." Rabels Zeitschrift für ausländisches und internationales Privatrecht 88, Online First (2024): 1–49. https://doi.org/10.1628/rabelsz-2025-0015.

Full text

Abstract:

The Interpretation and Applicability of Exemption Clauses in Commercial Transactions under German, Swiss, and English Law. Given the unlimited liability that most jurisdictions provide for breach of contract, exemption clauses are, due to the lack of adequate alternatives, an essential tool for contractual risk management in commercial transactions. At the same time, broad application of the law regulating general terms and conditions, in conjunction with the »cardinal obligation doctrine« of the German Federal Court of Justice (Bundesgerichtshof), has made it virtually impossible to draft enf

APA, Harvard, Vancouver, ISO, and other styles

16

Iheme, Williams C. "Defects of English Rules of Contractual Interpretation and Their Challenges for African Businesses." African Journal of Legal Studies 16, no. 4 (2024): 351–79. http://dx.doi.org/10.1163/17087384-bja10101.

Full text

Abstract:

Abstract The Law Society of England and Wales, as well as English politicians and judges, claim that English (contract) law is admirable, settled and predictable, and non-English legal systems are “laxer systems” whose judges are not as exceptionally knowledgeable as English judges. These claims of legal superiority attract foreign litigants such as African businesspeople to use English laws and forums to resolve their contractual disputes. This article aims to disprove these claims by rigorously assessing them from an Afrocentric lens, as well as from the prediction theory of law, English cas

APA, Harvard, Vancouver, ISO, and other styles

17

Bhana, D. "The future of the doctrine of economic duress in South African contract law: The influence of Roman-Dutch law, English law and the Constitution of the Republic." Acta Juridica 2021 (2021): 107–40. http://dx.doi.org/10.47348/acta/2021/a5.

Full text

Abstract:

In England, the contractual doctrine of economic duress is an important mechanism for curbing abuses of superior bargaining power. In contrast, in South Africa, the courts are yet to articulate a definitive doctrine. In this article, I argue for a twenty-first century South African doctrine of economic duress that is delineated primarily in terms of South Africa’s foundational constitutional value of equality. For this purpose, I consider English contract law and show how it is a concern for ‘equity’ that has been central to its treatment of economic duress. I then highlight the normative limi

APA, Harvard, Vancouver, ISO, and other styles

18

Iqbal, A. S. M. Tariq. "Implications of Agency on English Commercial Law: An Analysis from the Legal Perspective." Global Journal of Politics and Law Research 12, no. 3 (2024): 25–34. http://dx.doi.org/10.37745/gjplr.2013/vol12n42534.

Full text

Abstract:

Agency in Commercial Law holds substantial position where commercial transactions are conducted. It is an intricate legal area and disputes frequently arise. There are legal formalities that need to be complied with in setting up an agency. A clear agency agreement can help both parties understand their rights and responsibilities and avoid unnecessary conflict and potential expense. Delving into the intricacies of Agency Law grants valuable insights into the UK's legal system. This paper will explore the major aspects of agency, its magnitude, and the agency relationship configuration. It wil

APA, Harvard, Vancouver, ISO, and other styles

19

Simmonds LLB, Alex. "The UK Perspective on Informed Consent in Commercial Space Travel." Air and Space Law 45, Issue 4/5 (2020): 367–90. http://dx.doi.org/10.54648/aila2020058.

Full text

Abstract:

The Space Industry Act 2018 imposes requirements that operators of spaceflight activities obtain informed consent from individuals taking part in spaceflight activities. The Act contains no further guidance on this matter other than an indication that regulations will determine the ultimate scope of this provision. Is the definition of ‘informed consent’ within the spaceflight context to be synonymous with ‘informed consent’ in the English Medical Law context? If so, these contrasting regimes are likely to be incompatible in terms of their goal and purpose. Moreover, the United States regime,

APA, Harvard, Vancouver, ISO, and other styles

20

Dimitropoulos, Georgios. "International Commercial Courts in the ‘Modern Law of Nature’: Adjudicatory Unilateralism in Special Economic Zones." Journal of International Economic Law 24, no. 2 (2021): 361–79. http://dx.doi.org/10.1093/jiel/jgab017.

Full text

Abstract:

ABSTRACT International commercial courts are currently proliferating from the last generation special economic zones of the Gulf region to the whole of Asia and Europe. International commercial courts are institutions of a new era of international economic law and adjudication. Zone courts, alongside the new uses of arbitration within special economic zones, may be viewed as the adjudicatory counterpart of the move towards unilateralism in international economic law. The idea is to move cases from the international to the domestic realm and overall domesticate international economic law and ad

APA, Harvard, Vancouver, ISO, and other styles

21

Kovac, Mitja. "Frustration of purpose and the French Contract Law reform." Maastricht Journal of European and Comparative Law 25, no. 3 (2018): 288–309. http://dx.doi.org/10.1177/1023263x18781190.

Full text

Abstract:

Frustration of purpose remains one of the most ill-defined concepts in the English law of contracts. The same problem has also recently attracted the attention of the French legislature in its modernization of the Code Civil. The French reform entitles courts with broad powers to adjust the contract when unforeseen contingencies have made the bargain unduly costly. This article argues that the introduction of an economically inspired adjustment rule in English contract law should be re-considered to maintain its current superior commercial position. If implemented, then the ‘ex ante division o

APA, Harvard, Vancouver, ISO, and other styles

22

Whittaker, Simon. "Unfair Terms in Commercial Contracts and the Two Laws of Competition: French Law and English Law Contrasted." Oxford Journal of Legal Studies 39, no. 2 (2019): 404–34. http://dx.doi.org/10.1093/ojls/gqz003.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Stooss, Tanja, and Dorothee Ruckteschler. "International Commercial Courts: A Superior Alternative to Arbitration?" Journal of International Arbitration 36, Issue 4 (2019): 431–49. http://dx.doi.org/10.54648/joia2019022.

Full text

Abstract:

International commercial arbitration has long been the hallmark of international dispute resolution. However, with the increasing establishment of specialized English-speaking courts dealing solely with commercial disputes (‘International Commercial Courts’) the popularity of arbitration is being called into question. The phenomenon of International Commercial Courts is not completely new, but their number has significantly increased in recent times. In 2018 alone, China, the Netherlands, France, and Germany have, among others, announced the opening of specialized English-speaking courts and o

APA, Harvard, Vancouver, ISO, and other styles

24

Nwafor, Ndubuisi, Uju Beatrice Obuka, Morning-Glory Nwafor, and Kingsley N. Edeh. "Frustration and Remedies Under the CISG, UNIDROIT Principles and English Law: A Comparative Review." Business Law Review 40, Issue 5 (2019): 194–202. http://dx.doi.org/10.54648/bula2019026.

Full text

Abstract:

The doctrine of frustration is one of the most efficient risk sharing mechanisms in a commercial contract under the Contracts for the International Sale of Goods (CISG), Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contract and the English law. This article investigates and comparatively discusses the various remedies that can apply under a frustrated contract.

APA, Harvard, Vancouver, ISO, and other styles

25

Bridge, John W. "Judicial Review in Mauritius and the Continuing Influence of English Law." International and Comparative Law Quarterly 46, no. 4 (1997): 787–811. http://dx.doi.org/10.1017/s0020589300061212.

Full text

Abstract:

The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history, as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law: an example of what has recently been labelled a “bi-systemic legal system

APA, Harvard, Vancouver, ISO, and other styles

26

Goode, Roy. "Rule, Practice, And Pragmatism In Transnational Commercial Law." International and Comparative Law Quarterly 54, no. 3 (2005): 539–62. http://dx.doi.org/10.1093/iclq/lei017.

Full text

Abstract:

I feel privileged to have been invited to deliver this yearřs FA Mann lecture in succession to a long line of distinguished lawyers who have paid their own tribute to one of the most outstanding German legal émigrés of the 1930s. Francis Mann became a legend in his lifetime for his profound scholarship and his expertise in international and commercial litigation. While still in Germany he had fallen under the spell of the legendary Martin Wolff, the great conflicts lawyer, with whom he was able to resume contact years later in England. Mann himself was to become a leading light in both private

APA, Harvard, Vancouver, ISO, and other styles

27

Lehmann, Matthias. "Brexit and the Consequences for Commercial and Financial Relations between the EU and the UK." European Business Law Review 27, Issue 7 (2016): 999–1027. http://dx.doi.org/10.54648/eulr2016045.

Full text

Abstract:

The UK’s withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the background of the possible scenarios (British accession to the European Economic Area (EEA), bilateral trade agreement with the EU, or ‘hard’ exit with third-country status), it scrutinizes Brexit’s consequences in five areas: contract law, the law of non-contractual obligations, corporate law, financial law, an

APA, Harvard, Vancouver, ISO, and other styles

28

Zekos, Georgios I. "The Role of Courts in Commercial and Maritime Arbitration Under English Law." Journal of International Arbitration 15, Issue 1 (1998): 51–73. http://dx.doi.org/10.54648/joia1998006.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

Wade, Gordon. "A Matter of Interpretation: Constructing and Interpreting Commercial Contracts under the Common Law and the Convention on the International Sale of Goods." Global Journal of Comparative Law 4, no. 1 (2015): 1–42. http://dx.doi.org/10.1163/2211906x-00401001.

Full text

Abstract:

Contractual disputes concerning interpretation can be the most intractable of all contractual disputes and their outcome is notoriously difficult to predict. The interpretation of contradictory or ambiguous contractual provisions may often be necessary in order to determine, inter alia, the effect of the parties’ actions upon the performance of the contract and what the substantive contractual obligations actually are. Contractual interpretation in civil law and common law jurisdictions proceeds from fundamentally different perspectives, particularly when viewed in light of a recognised intern

APA, Harvard, Vancouver, ISO, and other styles

30

Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 2." Arab Law Quarterly 23, no. 2 (2009): 181–93. http://dx.doi.org/10.1163/157302509x415701.

Full text

Abstract:

AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in

APA, Harvard, Vancouver, ISO, and other styles

31

Qtaishat, Ali Khaled. "The Doctrine of Ultra Vires: Commendable or Condemnable!" Asian Social Science 16, no. 5 (2020): 148. http://dx.doi.org/10.5539/ass.v16n5p148.

Full text

Abstract:

This study investigates principally the doctrine of Ultra Vires in the English law. It aims at crystalizing the ramifications of applying this act to the English Commercial Law throughout several eras, taking into account the impact of abiding by the Ultra Vires act on the parties involved in the concerned transactions; i.e. the concerned shareholders and creditors. Furthermore, the study attempts to decipher the puzzling matter which concludes whether the doctrine in question must be cherished or perished in the English legal system.

APA, Harvard, Vancouver, ISO, and other styles

32

Forte, Angelo D. M. "A Great Future Behind it? Scottish Commercial Law and the Millenium." European Review of Private Law 2, Issue 3/4 (1994): 375–97. http://dx.doi.org/10.54648/erpl1994042.

Full text

Abstract:

Abstract. Has Scottish commercial law become Anglicised and lost its separate identity? The major exponents of the ‘civilian’ school of thought, with their emphasis on Roman Law, thought that it had but that the victim might still be rescued provided Scots lawyers remembered their civilian heritage. This paper challenges the view that a civilian and Romanist approach has anything to offer modem Scottish commercial lawyers. It argues that economic imperatives outweight nationalist and parochial arguments and that not only Scots but also English commercial law has to make compromises. The paper

APA, Harvard, Vancouver, ISO, and other styles

33

Rudokvas, Anton D., and Philip J. Thomas. "Co-existence and harmonisation of different legal traditions in South Africa." Pravovedenie 67, no. 2 (2023): 115–36. http://dx.doi.org/10.21638/spbu25.2023.201.

Full text

Abstract:

This essay introduces a contemporary description of the mixed jurisdiction of South Africa. It depicts how in South Africa co-existence, harmonization and resistance are found in different fields of law and identifies both pitfalls and benefits of mixity. Several components are introduced: civil law, English common law, local customary law, the Bill of Rights and international legal instruments. The successful harmonisation of civil and common law is ascribed to introduction of the English administration of justice. The British institutions, structure and process placed the focus on legal proc

APA, Harvard, Vancouver, ISO, and other styles

34

Klerman, Daniel. "The emergence of English commercial law: Analysis inspired by the Ottoman experience." Journal of Economic Behavior & Organization 71, no. 3 (2009): 638–46. http://dx.doi.org/10.1016/j.jebo.2009.03.018.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Stovall, Howard. "Recent Revisions to Commercial Agency Law in the United Arab Emirates." Arab Law Quarterly 22, no. 3 (2008): 307–30. http://dx.doi.org/10.1163/157302508x343793.

Full text

Abstract:

AbstractThe United Arab Emirates—despite its general reputation for free trade and limited government regulation of business—has had (for over two decades) the most onerous 'dealer protection' law in the Middle East.Very recently, however, pro-competition (or anti-monopoly) sentiment within certain UAE government circles resulted in enactment of a new federal law and two UAE Ministry of Economy resolutions that collectively reflect a weakening of those dealer protections. For example, Minister of Economy Sheikha Lubna Al Qasimi observed:The new amendments will certainly boost the competitive e

APA, Harvard, Vancouver, ISO, and other styles

36

Smitiukh, A. V. "SHAREHOLDERS’ AGREEMENTS AND UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS." Constitutional State, no. 52 (December 15, 2023): 83–91. http://dx.doi.org/10.18524/2411-2054.2023.52.291724.

Full text

Abstract:

The article examines the issue of the foreign law as an applicable law of shareholders’ agreement at companies established under the laws of Ukraine. The emergence of shareholders’ agreement in the legal system of Ukraine, as well as the changes that have taken place during the last decades regarding the possibility of applying foreign law to contractual corporate relations, have been studied. Because of authority of English common law among Ukrainian legal practitioners, there is an attitude among them to choose it as the foreign law that will be applied to shareholders’ agreement. At the sam

APA, Harvard, Vancouver, ISO, and other styles

37

Landbrecht, Johannes. "The Singapore International Commercial Court (SICC) an Alternative to International Arbitration?" ASA Bulletin 34, Issue 1 (2016): 112–25. http://dx.doi.org/10.54648/asab2016008.

Full text

Abstract:

The SICC, a division of the Singapore High Court, opened its doors about a year ago. This new state court is the latest addition to Singapore’s comprehensive strategy for providing dispute resolution services. To sum it up in one sentence, the SICC will have a familiar ring to users of English Commercial Court litigation, as the English Commercial Court and its transnational success provided a model and an inspiration for the architects of the SICC structure. The SICC’s rules on jurisdiction and procedure follow well-known patterns of many common law systems. However, and notwithstanding its c

APA, Harvard, Vancouver, ISO, and other styles

38

Kaysin, Dmitry, Aleksandra Aslanyan, and Irina Kiz'ko. "The law governing arbitration agreements: a comparative law analysis." Meždunarodnoe pravosudie 12, no. 1 (2022): 99–112. https://doi.org/10.21128/2226-2059-2022-1-99-112.

Full text

Abstract:

Determining the law applicable to an arbitration clause is a controversial issue in international commercial arbitration doctrine and practice. An arbitration agreement is of an autonomous nature and, therefore, the parties to the transaction are free to choose the law applicable to it. In practice, however, counterparties very rarely specify the law governing the arbitration clause. By applying a comparative method, the authors examine three main approaches which have emerged in the international arena, noting a wide variety of views and numerous instances of competition between the decisions

APA, Harvard, Vancouver, ISO, and other styles

39

González Jiménez, Pedro Mario. "Unlocking global opportunities: Exploring bilingual teaching in Spanish business law." DOCENCIA Y DERECHO, no. 21 (June 1, 2023): 14–28. http://dx.doi.org/10.21071/redd.vi21.17380.

Full text

Abstract:

This paper explores the complexities of bilingual teaching in Spanish business law, highlighting both opportunities and challenges. Teaching in English offers global recognition and collaboration, especially in areas like international trade. However, nuances in Spanish commercial law and subjects rooted in national legal traditions, like insolvency law, pose hurdles. Anisomorphism between legal systems complicates direct translations, emphasizing the need for a strategic approach. Despite harmonization through directives, elements shaped by national legislation persist. Scarcity of English te

APA, Harvard, Vancouver, ISO, and other styles

40

Shilliam, Robbie. "Forget English Freedom, Remember Atlantic Slavery: Common Law, Commercial Law and the Significance of Slavery for Classical Political Economy." New Political Economy 17, no. 5 (2012): 591–609. http://dx.doi.org/10.1080/13563467.2011.639871.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Hofri-Winogradow, Adam S. "Zionist Settlers and the English Private Trust in Mandate Palestine." Law and History Review 30, no. 3 (2012): 813–64. http://dx.doi.org/10.1017/s0738248012000260.

Full text

Abstract:

The basic colonial encounter involved a colonizing power and colonized locals. Some colonial situations were more complex, involving a third element: settlers of nonlocal stock originating in an ethnos, or nation, different than that with which the colonizer was identified. Two prominent examples from the annals of the British Empire are the French inhabitants of Nouvelle France after France ceded it to the British in 1763, and the Dutch inhabitants of the Cape Colony after the British conquest of 1806. The British typically permitted such settler populations to retain at least parts of the la

APA, Harvard, Vancouver, ISO, and other styles

42

Mohammad Amir Nejat. "Differences in the Bases of Arbitrability in the Laws of Iran, Germany, England and France." Power System Technology 48, no. 2 (2024): 1188–200. https://doi.org/10.52783/pst.623.

Full text

Abstract:

Arbitrability means the ability to refer an issue to arbitration with the principles that are stated in the Iranian law in the international commercial arbitration law. In the Civil Procedure Law of Iran, there is no discussion about the basics of arbitrability, but according to Article 34 of the International Commercial Arbitration Law, public order, good morals and rules of procedure can be considered as the main basics of arbitrability. This research examines the different aspects of arbitrability in Iranian law and compares it with the laws of three European countries: Germany, England, an

APA, Harvard, Vancouver, ISO, and other styles

43

Burset, Christian R. "Merchant Courts, Arbitration, and the Politics of Commercial Litigation in the Eighteenth-Century British Empire." Law and History Review 34, no. 3 (2016): 615–47. http://dx.doi.org/10.1017/s0738248016000183.

Full text

Abstract:

John Locke worried that the common law was bad for business. Although he recognized the political importance of common law institutions such as juries, he also thought that the cumbersome procedures of English courts might hamper economic development in England and its colonies. The Fundamental Constitutions of Carolina, which Locke helped draft in 1669, tried to reconcile these competing political and economic concerns. Although the Constitutions guaranteed “Freemen” a right to trial by jury, the document also provided for specialized judges in port towns to “try cases belonging to [the] law-

APA, Harvard, Vancouver, ISO, and other styles

44

Chan, Darius, and Teo Jim Yang. "Ascertaining the Proper Law of an Arbitration Agreement: The Artificiality of Inferring Intention When There Is None." Journal of International Arbitration 37, Issue 5 (2020): 635–48. http://dx.doi.org/10.54648/joia2020030.

Full text

Abstract:

The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: starting with the Singapore Court of Appeal’s decision in BNA v. BNB [2019] S.G.C.A. 84, followed by two decisions from the English Court of Appeal in Kabab-Ji v. Kout Food Group [2020] EWCA Civ 6 and Enka Insaat Ve Sanayi A.S. v. OOO ‘Insurance Company Chubb’ [2020] EWCA Civ 574. This article undertakes

APA, Harvard, Vancouver, ISO, and other styles

45

Stanivuković, Maja. "Novi međunarodni privredni sudovi." Pravo i privreda 62, no. 2 (2024): 197–225. http://dx.doi.org/10.55836/pip_24202a.

Full text

Abstract:

In this paper, the author provides an overview of the main characteristics of international commercial courts, their composition and jurisdiction, as well as private international law instruments that ensure the recognition and enforcement of their decisions abroad. International commercial courts are national courts of international jurisdiction. They are established by individual states that aspire to be or become significant global centres for the resolution of commercial disputes. They are characterized by a certain degree of internationalization, reflected in their ability to conduct proc

APA, Harvard, Vancouver, ISO, and other styles

46

Cameron, George D. "ENGLISH LAW AND ARAB PRINCES: SPECIALLY MANUFACTURED GOODS UNDER THE UNIFORM COMMERCIAL CODE." Journal of Legal Studies Education 5, no. 1 (1987): 168–74. http://dx.doi.org/10.1111/j.1744-1722.1987.tb00172.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Dannemann, Gerhard. "F. A. Mann – Výjimečná osobnost a jeho odkaz." PRÁVNĚHISTORICKÉ STUDIE 54, no. 1 (2024): 79–89. http://dx.doi.org/10.14712/2464689x.2024.8.

Full text

Abstract:

The subject of this paper is a description and analysis of the life and work of the extraor¬dinary personality of the exiled lawyer F. A. Mann who became an extraordinary expert in public international law, private international law, comparative law and commercial law, who, moreover, laid the foundations of monetary law as a special subject of legal doctrine. As the famous English judge, Lord Denning, would say: “Mann contributed more than anyone else to the development the science of law in our time.” Born in a German Jewish family, he studied and began an academic career in Berlin. He was th

APA, Harvard, Vancouver, ISO, and other styles

48

Więcławska, Edyta. "Field-specific Conventions in the Translation of Commercial Law Documentation for Court Proceedings." Studies in Logic, Grammar and Rhetoric 58, no. 1 (2019): 221–43. http://dx.doi.org/10.2478/slgr-2019-0025.

Full text

Abstract:

Abstract The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features (author, forthcoming-a) points to the hermetic character of corporate written communicati

APA, Harvard, Vancouver, ISO, and other styles

49

Bertino, Lorenzo. "Agency Agreement: From Innominate Contract to the Reference Model of Commercial Distribution Agreements." European Business Law Review 29, Issue 4 (2018): 643–69. http://dx.doi.org/10.54648/eulr2018025.

Full text

Abstract:

The purpose of this article is to demonstrate that some Italian rules in relation to the commercial agent also can be applied to the distributor. The few Italian judgements rendered on this matter state that rules governing the commercial agent are not applicable to the distribution contract: this innominate contract could be governed through applying by analogy the regulation of supply contract. This Italian Courts’ point of view could be revised. This analysis is based on an historical approach and on the examination of case law in the German, English and Italian legal systems. The historica

APA, Harvard, Vancouver, ISO, and other styles

50

Fedotova, I. G. "School of Juridical English." MGIMO Review of International Relations, no. 5(38) (October 28, 2014): 216–17. http://dx.doi.org/10.24833/2071-8160-2014-5-38-216-217.

Full text

Abstract:

The Department of English Language № 8 works with students of the Faculty of International Law. The unique school of teaching legal aspects of the English language is one of the most significant achievements of the department. Associate Professor V.F. Nazarov was one of professionals, was at the origin of this school. In 1992 the textbook "The course of the legal interpretation of Anglo-American Commercial Law" was published, which was the result of work of group of specialists in legal translation since early 1970s. The book laid foundation for the further development of the school of teachin

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!