Boilerplate Clauses, International Commercial Contracts and the Applicable Law - Hardcover

Hardcover

ISBN 10: 0521197899 ISBN 13: 9780521197892

Publisher: Cambridge University Press, 2011

Synopsis

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

About this title

Book Description:

Boilerplate clauses are often inserted into international commercial contracts in the assumption that the legal effects will only be based on the contract as opposed to the applicable law. This book demonstrates that principles such as good faith and loyalty common to systems of civil law undermine this assumption.

About the Author:

Giuditta Cordero-Moss is a professor at the Institute of Private Law, University of Oslo, where her main areas of expertise are international commercial law, comparative law and private international law. She is also an international arbitrator and has in the past practised as an international commercial lawyer in Italy, Norway and Russia.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2011
• ISBN 10: 0521197899
• ISBN 13: 9780521197892
• Binding: Hardcover
• Edition number: 1
• Number of pages: 426
• Editor: Cordero-Moss Giuditta