Description: Lex Mercatoria in Theory and Practice, Hardcover by Toth, Orsolya, ISBN 019968572X, ISBN-13 9780199685721, Brand New, Free shipping in the US Th offers a theoretically justified and pragmatic concept of the so-called lex mercatoria contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a formula to recognize and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour within the business community followed out of fear of
criticism and a willingness to criticise others in case of deviation. This two element test increases legal certainty and potentially reduces the time and costs of proving the rule.
Case studies are included to illustrate the practical implications of the analysis and more difficult issues such as burden of proof, admissible evidence and the role of written harmonisation measures are also considered. The approach adopted in th reduces the elusiveness of the concept and
offers an analysis which makes the lex mercatoria clearer for scholars and more attractive for practitioners.
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Book Title: Lex Mercatoria in Theory and Practice
Number of Pages: 320 Pages
Language: English
Publication Name: Lex Mercatoria in Theory and Practice
Publisher: Oxford University Press, Incorporated
Item Height: 1 in
Subject: Commercial / General, Customary, General
Publication Year: 2017
Type: Textbook
Item Weight: 24.7 Oz
Item Length: 9.4 in
Subject Area: Law
Author: Orsolya Toth
Item Width: 6.4 in
Format: Hardcover
