The book "Transnational Law in Commercial Legal Practice" is part of the CENTRAL Practice and Study Guides series, specifically Volume 1. Here is a comprehensive overview of the book:
Key Themes
- Transnational Commercial Law: The book focuses on the legal aspects of international business transactions, covering various aspects of transnational commercial law.
- Dispute Resolution: It delves into the mechanisms of resolving disputes in an international business context, including arbitration and conciliation.
- Legal Frameworks: The book examines the legal frameworks that govern international business, such as the UNCITRAL Arbitration Rules, IBA Rules of Evidence, and ICC Arbitration Rules.
- Lex Mercatoria: It discusses the principles and standards of the lex mercatoria, which is a set of general principles of law that apply to international commercial transactions.
Plot Summary
The book provides a comprehensive insight into the subject of transnational commercial law and its practice. It includes contributions from various experts in the field, each focusing on different aspects of transnational commercial arbitration and law.
- Klaus Peter Berger provides an overview of commercial arbitration as a means of dispute settlement in international business, discussing key aspects such as the arbitration agreement, procedural law, appointment of arbitrators, and the rendering of final awards.
- Pieter Sanders highlights the harmonizing influence of UNCITRAL on arbitration and conciliation.
- Yves Derains examines the rules and activities of the International Chamber of Commerce (ICC) in Paris.
- Hilmar Raeschke-Kessler discusses the methods used by arbitral tribunals to establish facts in a case, based on the Rules of Evidence of the International Bar Association (IBA).
- Volker Nienaber deals with the issue of recognition and enforcement of foreign arbitral awards.
- Friedrich Blase provides an overview of teaching and training methods in transnational commercial arbitration.
Critical Reception
The book is specifically addressed to law students and young practicing lawyers, making it an ideal teaching tool at law schools and for in-house training courses of international law firms. The comprehensive nature of the contributions and the inclusion of relevant materials such as UNCITRAL Arbitration Rules, IBA Rules of Evidence, and ICC Arbitration Rules make it a valuable resource for those interested in transnational commercial law and arbitration.
Materials Included
The book includes various materials relevant to transnational commercial arbitration, such as:
- UNCITRAL Arbitration Rules (2010)
- UNCITRAL Conciliation Rules (1980)
- IBA Rules of Evidence (2010)
- ICC Arbitration Rules (2012)
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
These materials are provided to support the understanding and application of the principles discussed in the book.