The Practice of Transnational Law - 9041114742 - 9789041114747

by: Klaus Peter Berger
March 2002, ISBN 9041114742
ISBN 13: 9789041114747
242 pp. Hardcover

USD price: $160.00

It has been clear for some time that commercial law has been undergoing a `transnationalization' process, with various sets of rules (often referred to collectively as Lex mercatoria or the New Law Merchant) supplanting national and local laws governing the mechanisms by which cross-border agreements are entered into and disputes settled. _In order to clarify the nature and extent of this process, a scientific survey, sponsored by the Volkswagen Foundation and using empirical methodology, was designed by a Research Team from the Center for Transnational Law (CENTRAL) of Münster University, Germany.

A questionnaire was sent out to more than 2,700 practitioners from major companies and international law firms in 78 countries asking for the addressees' experience with transnational law in international contract negotiations, contract drafting, and international commercial arbitration. The results of this enquiry, along with analysis and commentary from several well-known authorities in the fields of international commercial arbitration and private international law, were presented at a conference in Münster in May, 2000. This book is a record of that conference.

This book provides, for the first time, a comprehensive and realistic evaluation of how transnational commercial law is used in international legal practice today. The contributions of the speakers--including Yves Derains on the ICC Arbitration Rules and Michael Joachim Bonell on the UNIDROIT Principles, as well as commentary by Emmanuel Gaillard, Friedrich K. Juenger, Norbert Horn, and Klaus Peter Berger--add an insightful and lively dimension to the empirical data presented in the annexes. _Commercial law practitioners and business people all over the world will appreciate the new level of discussion initiated by this important book.

Preface, List of Abbreviations, The Speakers and Participants of the CENTRAL Conference on the Practice of Transnational Law, The New Law Merchant and the Global Market Place - A 21st Century View of Transnational Commercial Law, The UNIDROIT Principles and Transnational Law, Transnational Law in ICC Arbitration, Transnational Law: A Legal System or a Method of Decision-Making? The Use of Transnational Law in the Contract Law ofInternational Law and Finance, Some Random Remarks from Overseas, The CENTRAL Enquiry on the Use of Transnational Law in International, Contract Law and Arbitration - Background, Procedure and Selected Results, Summary of the Discussions, Annex I: The Questionnaire Annex II: The Categories Defined by the Research Team Annex III: Selected Results Annex IV: Examples for the Practical Application of Transnational Law

` The book of conference proceedings edited by Klaus Peter Berger, reviewed here, demonstrates in fact the considerable practical importance of the lex mercatoria or "transnational law"- a term used largely interchangeably by the editor and some other contributors - as well as its ongoing theoretical importance. Legal advisers in international business transactions, and academic commentators on arbitration and contract law, should read it carefully. ' Journal of International Arbitration, 19:1 ` Seine Ergebnisse bilden eine wertvolle und solide Grundlage für ein den Bedürfnissen des internationalen Handels angepasstes "drittes" Rechtssystem. ' Zeitschrift für Öffentliches Recht, 56:74 (2001) ` 'Das hohe wissenschaftliche Niveau des Buchs macht es zu einem ebenso wertvollen wie anspruchsvollen Beitrag zur Weiterentwicklung des transnationalen Wirtschaftsrechts. ' Recht der internationalen Wirtschaft, 6 (2002)