Christiana Fountoulakis

Set-off Defences in International Commercial Arbitration (eBook, PDF)

A Comparative Analysis

• Format: PDF

Produktbeschreibung

The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.

This title is included in Bloomsbury Professional's International Arbitration online service.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 284
• Erscheinungstermin: 22. Dezember 2010
• Englisch
• ISBN-13: 9781847316202
• Artikelnr.: 37954428

Autorenporträt

Christiana Fountoulakis, Dr iur, Professor of Private Law and European Private Law, University of Fribourg, Switzerland, is an international sales law and choice-of-law specialist.

Inhaltsangabe

Introduction 1 Key Aspects of Set
off I Definition II Significance and Functions of Set
off III Significance of Set
off in Modern Business Life IV Modern Problems with Set
off V Terminology 2 Set
off in a Comparative Survey I Incipiencies: Roman Law II Set
off in the Romanic Legal Systems III Set
off in the Germanic Legal Systems IV Set
off in England and English
based Jurisdictions V Comparative Analysis 3 Set
off in the Conflict of Laws 1 I. Determination of the Applicable Law in International Arbitration II Law
determination for Set
off in Classic Conflict of Laws III Criteria for a Suitable Rule to Determine the Law Applicable to a Set
off in International Arbitration IV Discussion of Classic Choice
of
Law Rules With Regard to Set
off V Other Choice
of
Law Solutions in International Arbitration VI Summary 4 Conclusions 5 Final Summary