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Commercial Contract Law and Arbitration: From Assignments to Unfair Terms

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Book Details
Language
English
Publishers
Routledge; 1st edition (30 April 2024)
Weight
0.57 KG
Publication Date
30/04/2024
ISBN-10
1032632534
Pages
278 pages
ISBN-13
9781032632537
Dimensions
15.6 x 2.08 x 23.39 cm
SKU
9781032632537
Author Name
Mads Andenas (Editor)
Mads Andenas is a Professor in the Faculty of Law of the University of Oslo. He has held senior academic appointments in the United Kingdom, including as Director of the British Institute of International and Comparative Law, London and Director of the Centre of European Law at King's College, University of London. He remains a Visiting Research Fellow of the Institute of European and Comparative Law, University of Oxford and a Senior Research Fellow at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London.He was a Visiting Professor at University of Paris I (Sorbonne) in 2006 and at l'École normale supérieure, Paris in 2008. He has held the Chaire W J Ganshof van der Meersch under the Fondation Philippe Wiener--Maurice Anspach at the Université Libre de Bruxelles, the Chaire Vincent Wright at Sciences-Po, Paris, and he has been a Herbert Smith Visitor at the University of Cambridge. In 2005 he was a Fellow of Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS) and in 20016, a Visiting Fellow at All Souls College, the University of Oxford. He has been a visiting professor at University of Rome La Sapienza 2002-16. In 2006 he delivered the Annual Guido Carli Lecture at the University of LUISS Guido Carli, Rome. He has been a part time professor at the European University Institute, Florence where he remains a participant in a research project on European regulatory private law.In 2009 Andenas was appointed a UN Human Rights Mandate Holder, serving as the Chair-Rapporteur of the UN Working Group on Arbitrary Detention reporting to the UN Human Rights Council and the UN General Assembly until the end of his second and non renewable term in 2015. He is a member of the Executive Council of the International Law Association.He has been the General Editor of the International and Comparative Law Quarterly (Oxford University Press, then Cambridge University Press). He is currently the General Editor of European Business Law Review and an Editor of European Public Law (both Kluwer Law International) and on the editorial boards of some ten other law journals and book series, including as general editor of the Nijhoff Series on International Trade Law. He has taken part in the evaluation of law schools and institutes, including of the Dipartimento di diritto comparato at the University of Padua, and in the classification of publications for research funding and appointments, for instance in the Valutazione della Qualità della Ricerca in legal research for the Italian Agenzia Nazionale di Valutazione del Sistema Universitario e della Ricerca (ANVUR) and in chairing the Norwegian National Committee for the classification of legal research publications.He was the Secretary General of the Fédération internationale de droit européen 2000-2002, the Hon Secretary of the UK Association of European Law 1997-2008 and the Hon Secretary of the UK Committee of Comparative Law 1999-2005. He was the Chair, Association of Human Rights Institutes (AHRI) in 2008, and has been a member of the International Law Association's Securities Law Committee since 1996. He has been the chair of the Norwegian Association of European Law and a member of the board of the Norwegian Association of International Law from 2009.In 2008, he was appointed by the Institut de France as a member of the committee for the Institut's Prix international Aristotle Onassis pour le Droit. In 2011 he received for his human rights work the Don Pino Puglisi Prize in memory of the priest killed by the mafia in Palermo in 1993 and recently declared a martyr and beatified.He was the Director of the Legal Office of the Royal Norwegian Ministry of Trade and Shipping 1985-86, and in the Royal Norwegian Ministry of Finance 1986-93, first the Director of the Banking Office, and then an Assistant and finally a Deputy Director General in the Economic Policy Department. He was Legal Adviser in the European Bank for Reconstruction and Development in its first phase of operation, responsible for EBRD's law reform assistance and advice on international law. He has worked as a consultant to the World Bank and to the International Monetary Fund.He was educated in Norway and England, and holds the degrees of Cand jur (Oslo), PhD (Cambridge) and MA and DPhil (Oxford). He was a Fulbright Fellow at Columbia University in 1990-91. He is a chevalier de la Légion d'honneur of France and a Commendatore dell'Ordine al Merito della Repubblica Italiana. He is an Honorary Fellow of the Society of Legal Studies (UK), a Fellow of the International Academy of Commercial and Consumer Law (where he is presently a member of the board), an Honorary Fellow of the British Institute of International and Comparative Law, and a Fellow of the The Royal Society of the Arts.Fields of researchAndenas is involved in research in the fields of international and comparative law, and European and domestic private and regulatory law. He takes part in projects on the system and method of international law, human rights, the relationship between national law and European and international law, the formation of European private law and European and comparative company law and financial market regulation. The publications below illustrate research output, project organisation and research networks.Registered research in Frida (the Norwegian database for academic publications):Read more about this authorRead less about this author
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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 purpose of international commerce and trade. Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation.

Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines.

Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate. Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.

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