Arbitration and Complex International Contracts: With Special Emphasis on the Determination of the Applicable Substantive Law and on the Adaptation of Contracts to Changed Circumstances

Frick, Joachim, G.

ISBN 10: 3725542716 / ISBN 13: 9783725542710

Published by Kluwer Law International, 2001

About this Item

Gebundene Ausgabe: 320 Seiten Verlag: Schulthess Juristische Medien (2001)sehr gut, scheint ungelesen A-633 Language: DEU.

Seller Inventory # Mai1828

Bibliographic Details

• Title: Arbitration and Complex International Contracts: With Special Emphasis on the Determination of the Applicable Substantive Law and on the Adaptation of Contracts to Changed Circumstances
• Publisher: Kluwer Law International
• Publication Date: 2001
• Language: German
• ISBN 10: 3725542716
• ISBN 13: 9783725542710
• Binding: Hardcover
• Condition: Sehr gut

About this title

Synopsis

The technical, economic, and social development of the last one hundred years has created a new type of long-term contract which one may call `Complex International Contract'. Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, cooperation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.