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Global Sales and Contract Law

lawbook — Wed, 09 May 2012 03:16:09 +0000

Author: Ingeborg Schwenzer
Pub Date: Jan 2012
Publisher: OXFORD
ISBN13: 9780199572984
Binding: Hardback

Price: GBP 225.00

The most comprehensive work on international sales law and practice
Contains full coverage of the relationship between international sales law and national laws
Provides comparison between the laws of over sixty jurisdictions to assist with contract drafting and preparation for litigation
Expert author team led by the editor of Schlechtriem & Schwenzer: Commentary on the CISG and supported by international legal researchers
Includes commentary on a global scale providing a consistent and uniform approach to the interpretation of international sales law

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law.

The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world’s top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools.

This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Readership: Solicitors and barristers advising on the law of international sales, commodities, and arbitration; judicial bodies (including national courts and arbitral tribunals); legislators and policy makers; university libraries.

Consent in International Arbitration

lawbook — Thu, 05 Apr 2012 08:31:19 +0000

Author: Andrea M. Steingruber
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199698158
Binding: Hardback

Price: GBP 125.00

Provides an all-embracing discussion on consent in international arbitration (commercial arbitration and investment arbitration)
Discusses changes in the perception of consent in arbitration in relation to arbitrations evolution and presents original arguments on the complex character of consent
Addresses problems such as issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration
Combines scholarly analysis with a detailed discussion of relevant cases, laws, and rules

Examining the notion, nature, and extent of consent in both commercial arbitration and investment arbitration, this book provides practitioners and academics with a thorough, case-related analysis of an issue which raises many questions.
Whilst considering the evolution of arbitration and its consensual nature – enlargement of the parties’ freedom to consent to arbitration, and development from commercial arbitration to investment arbitration – it addresses important theoretical questions to offer practical solutions.
These include: how consent to arbitrate is expressed and when mutual consent to arbitration is reached; which law shall govern the arbitration agreement or, more particularly, consent as an element of the substantive validity of it; and, conversely, according to which law will a possible lack of consent be judged; how consent should be interpreted; which relationship exists between consent as part of the substantive validity of an arbitration agreement and its formal validity; which, if any, are the implied terms when consenting to arbitration; how consent to arbitrate influences procedural aspects (counterclaims, joinder, consolidation), and which solutions adopted by treaties, national laws or arbitration rules are, or would be, the most respectful of parties’ consent in this respect; what in investment arbitration is the relationship between consent and most-favoured-nation clauses or the influence of umbrella clauses.
The book includes original arguments and puts forward new suggestions with regard to the changeable consensual character of arbitration. It also provides a particular focus on problems that frequently arise in practice of international arbitration, for example issues related to complex multiparty arbitration and to jurisdictional questions in investment arbitration.

Readership: Legal practitioners specialising in both investment and commercial arbitration, arbitrators, academics, academic libraries, and postgraduate students with an interest in arbitration and international dispute resolution.

Compliance and the Enforcement of EU Law

lawbook — Thu, 05 Apr 2012 07:49:01 +0000

Author: Marise Cremona
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199644735
Binding: Hardback

Price: GBP 50.00

Provides a thorough analysis of the different aspects of EU law enforcement, including court-based methods of enforcement and political processes designed to encourage compliance
Draws comparisons between EU law and international law, assessing the contributions of national courts and the effect this has on compliance with EU law
Illustrates the issues of compliance and non-compliance using examples drawn from key recent cases

The enlargement of the EU has highlighted the challenges of compliance, but it has also helped to suggest new compliance methodologies. The combination of methodologies used by the EU and the differing levels of enforcement available are characteristic of the EU’s compliance system, permitting the remarkable reach and penetration of EU norms into national systems. In this new study six authors offer their 1ssessment of the enforcement procedures and compliance processes that have been developed to ensure Member State compliance with EU law. The first three chapters examine the merits of combining both coercive and problem-solving strategies, describing the systems in place and focussing on the different levels at which compliance mechanisms operate: national, regional, and international. It also looks at horizontal compliance as well as ‘from above’ compliance, creating a complex and rich picture of the EU’s system.

The final three chapters of the book focus on different aspects of compliance seen from a national perspective. The first analyses the two bases for the use of criminal sanctions to enforce EU law: the ability of Member States to choose to include criminal penalties for non-compliance in their national law; and the imposition of criminal sanctions at a national level by EU law itself. The book then moves on to a discussion of the role of national courts in ensuring Member State compliance with, and enforcement of, EU law. It examines the role of national constitutional courts in facilitating compliance with EU law and draws comparisons between EU law and international law and their interactions both with each other and with national constitutional courts.

Readership: Academics and advanced students of EU law; lawyers and political scientists working on the enforcement of EU law

Commencement of Insolvency Proceedings

lawbook — Thu, 05 Apr 2012 07:38:33 +0000

Author: Dennis Faber
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199644223
Binding: Hardback

Price: GBP 175.00

The most detailed country-by-country analysis of national insolvency laws concerning the commencement of insolvency proceedings enabling readers to understand the key points and pitfalls of the law of each jurisdiction featured
Includes all major legal families in 20 jurisdictions allowing access in English to otherwise inaccessible material
Clear layout and uniform structure of national reports offers key information at a glance
Extensive references and bibliography provide the principal sources of national insolvency law
The new Oxford International and Comparative Law Series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings.

This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings.

This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned.

The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations.

This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

Readership: Practitioners and academics in the field of insolvency law throughout the world; legal libraries; intergovernmental organizations such as the IMF and World Bank.

Blackstone’s Employment Law Practice 2012

lawbook — Thu, 05 Apr 2012 06:52:02 +0000

Author: Gavin Mansfield
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199692842
Binding: Paperback

Price: GBP 75.00

Unparalleled coverage and practical explanation of employment law and procedure in the employment tribunal and civil courts
Expert author team handpicked to provide concise, practical coverage
Designed for quick and easy access – clear page design, quick reference guides, and procedural checklists guide you swiftly through this area of law

New to this edition

Contains a new chapter on insolvency and an expanded and revised discussion of the tax treatment of tribunal awards
Updated coverage of relevant case law and legislation across all areas of employment law, from initial applications to remedies.

Drawing together comprehensive coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, Blackstone’s Employment Law Practice 2012 is an essential purchase for any serious employment practitioner. Ideal for preparing for and during a case in tribunal or court, it includes trusted advice on specialist topics, such as the application of TUPE and the calculation of costs.

This new edition draws together comprehensive coverage of practice and procedure in the courts and tribunals, making it an essential purchase for every employment practitioner. An eminent team of authors bring together consummate experience of every aspect of employment law and practice to offer up-to-date advice and commentary on the latest developments in substantive law and procedure, including the continuing changes brought about by the Equality Act 2010.

Blackstone’s Employment Law Practice 2012 offers:

- Unparalleled coverage and practical explanation of employment law and procedure in the employment tribunal and civil courts
- A new chapter on insolvency and an expanded discussion of the tax treatment of awards
- Updated coverage of relevant case law and legistlation across all areas of employment law
- A range of flowcharts and procedural checklists to provide immediate clarification of complex procedural issues
- Clear page design to ensure easy navigation and quick access to essential information
- Appendices offering quick and easy access to current and historical financial data

Readership: Primary market: barristers and solicitors practising in employment law; employment tribunal judges; Employment Appeal Tribunal judges. Secondary market: Law Centre advisers; employment consultants; Citizens Advice Bureau staff; Human Resources officers; litigants in person; Trade Union officials; students, academics, and academic reference libraries.

Vertical Agreements in EU Competition Law

lawbook — Thu, 05 Apr 2012 05:56:26 +0000

Author: Frank Wijckmans
Pub Date: Nov 2011
Publisher: OXFORD
ISBN13: 9780199696413
Binding: Hardback

Price: GBP 155.00

The only book aimed at practitioners to give complete coverage of vertical agreements under the new legislative framework
Indispensible tool for drafting or reviewing vertical agreements, providing practical solutions to commercial problems
Overviews of various distribution formulas for speed of reference
Practical insight from authors who assisted the European Commission in the drafting and reviewing of the new Regulation

New to this edition

Provides practical guidance to the new general block exemption regulation (Regulation 330/2010) and the Vertical Guidelines essential for all practitioners active in the drafting or reviewing of vertical agreements
Explains and analyses the new motor vehicle block exemption regulations (Regulation 461/2010) and the accompanying explanatory documents

This book gives comprehensive coverage of EU distribution law and the law relating to vertical agreements. Now in its second edition, it is the only book to provide a detailed and practice oriented analysis of the entire scope of vertical agreements under the new legislative framework. Written by two authors who assisted the Commission in its drafting and reviewing of the Regulation, the book gives invaluable practical commentary on the new general block exemption (Regulation 330/2010), the new Motor Vehicle Block Exemption regulation (Regulation 461/2010), and the accompanying new Vertical Guidelines, as well as on agreements which are not covered by a block exemption.

The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network?: Is it possible to impose maximum retail prices?: Are customer restrictions permissible in a selective distribution system?: Can a supplier assume an exclusive supply obligation?: Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable?

The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensible tool for all practitioners in this field.

Readership: Practitioners specialising in competition and commercial law, particularly attorneys, in-house lawyers and officials at enforcement agencies. Also of interest to academics, reference libraries and post-graduate students.

Rules of Evidence in International Arbitration: An Annotated Guide

lawbook — Thu, 05 Apr 2012 05:41:01 +0000

Author: Nathan D. O’Malley
Pub Date: Apr 2012
Publisher: INFORMA
ISBN13: 9781843119562
Binding: Hardback

Price: GBP 230.00

Product Description

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure.

Features & Benefits
* Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence
* Extensive annotations, which allow the reader to locate key precedents for use in practice
* Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed
* Organised in an easy-to-use style for quick reference

This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

The Law of Security and Title-Based Financing, 2ed.

lawbook — Mon, 02 Apr 2012 08:39:26 +0000

Author: Hugh Beale, Michael Bridge, Louise Gullifer
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199608720
Binding: Hardback

Price: GBP 225.00

The most authoritative work on the law of personal property security.
Provides in-depth coverage on key areas such as set-off, netting, financial collateral, and conflict of laws
Brings together all of the law on this complex area and gives guidance in the context of commercial practice
Draws on Commonwealth case law to clarify problem areas where UK law is unclear
Clear exposition aids understanding of complex transactions and rules
Written by a team of leading experts in the field, providing analysis of the highest calibre

New to this edition

New chapters on financial collateral issues, security in insolvency and the moratorium on the enforcement of security in administration
Expanded section on priorities, with case law developments under section 176A of the Insolvency Act 1986 and amendments to the Insolvency Rules on liquidators’ expenses
Further discussion of enforcement after the Lehman administration

Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise ‘perfected’) if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid.

The new edition includes an expanded section on priorities in which it explains how ‘priority’ disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company’s book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of ‘right of use’ following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case.

The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention’s extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration.

This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators’ expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act.

Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.

Readership: Practitioners of financial law, members of the bar dealing in general matters of security and enforcement, academics and advanced law students in the area of banking, finance and securities

Islamic Finance: Law and Practice

lawbook — Mon, 02 Apr 2012 08:30:48 +0000

Author: Craig Nethercott
Pub Date: Mar 2012
Publisher: OXFORD
ISBN13: 9780199566945
Binding: Hardback

Price: GBP 155.00

The most comprehensive and practical guide to Islamic finance transactions
Includes detailed discussion and analysis of the negotiation and structure aspects involved in Islamic finance contracts
Addresses the entire range of financial products of current interest, including conventional structures for debt and equity financing (ijara, istisna’a, mudaraba, musharaka, sukuk, tawarruq), derivatives (salam and ‘urbun), and insurance (takaful)
Commentary supported by relevant case studies and structure diagrams
Introductory section covers theoretical background and principles which underpin Islamic finance practices
Respected author team from practice and academia
Considers the role of Shariah advisory boards and Islamic finance institutions

This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout.

An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches.

The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA.

The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.

Readership: Lawyers, investment bankers, accountants and others involved in the structuring, negotiation and execution/implementation of Islamic finance transactions

Law of Guarantees, 6ed.

lawbook — Mon, 02 Apr 2012 07:44:28 +0000

Author: Geraldine Andrews
Pub Date: Jan 2012
Publisher: THOMSON REUTERS
ISBN13: 9780414044715
Binding: Hardback

Price: GBP 235.00

PRODUCT DESCRIPTION

Frequently cited in court, this text is the leading work on guarantees written by experts in their field; Millett and Andrews. A practitioner focused text examining the law and practice of guarantees and surety, it covers everything required for work in this area.

Provides a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees
Looks at the elements of a guarantee, its construction, and its enforcement
Covers all areas of law including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts and commercial contracts
Examines the guarantor’s liability and rights against both creditors and debtors
Discusses revocation of contracts and discharge of the surety
Deals with insolvency in relation to guarantees
Provides workflow solutions in the format of checklists, specimen pleadings as well as 14 precedents for use in drafting, making your day-to-day work quicker and easier

This new edition discusses legislative updates and includes a detailed analysis of recent developments in case law, such as:

North Shore Ventures Ltd v Anstead Holdings Inc [2011]
Van der Merwe v IIG Capital LLC Court of Appeal (Civil Division), 22 May 2008, [2008]
Meritz Fire & Marine Insurance Co Ltd v Jan de Nul NV Court of Appeal (Civil Division), 21 July 2011, [2011]
Vossloh Aktiengesellschaft v Alpha Trains (UK) Ltd Chancery Division, 05 October 2010, [2010]
Gold Coast Ltd v Caja de Ahorros del Mediterraneo [2001]
Carey Value Added SL (formerly Losan Hotels World Value Added I SL) v Grupo Urvasco SA Queen’s Bench Division (Commercial Court), 23 July 2010, [2010]
Pitts v Jones Court of Appeal (Civil Division), 06 December 2007, [2007]
Beck Interiors Ltd v Russo Queen’s Bench Division (Technology & Construction Court), 29 July 2009, [2009]
Fairstate Ltd v General Enterprise & Management Ltd [2010]
KS/Victoria Street v House of Fraser (Stores Management) Ltd [2011]
Enka Insaat Ve Sanayi AS v Banca Popolare [2009]
Good Harvest v Centaur Services [2010]
McGuinness v Peterborough BS [2011]
Royal Bank of Scotland Plc v Chandra [2011]
Simon Carves Ltd v Ensus UK Ltd [2011]
Close Brothers Ltd v Pearce [2011]
British Arab Commercial Bank Plc v Bank of Communications and another [2011]