Swiss Contract Law in International Commercial Arbitration
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating doctrines of private and public law for the sake of international...
This book examines the formation, nature and effect of arbitrators' contract, addressing topics including the appointment, challenge, removal and duties and rights of arbitrators. The practice of...
One may say that the iura novit curia2 principle (or the judge knows the law) only comes into play when bad lawyers present bad arguments that lack a full and comprehensive analysis of the applicable...