Rethinking Choice of Law in Cross-Border Sales

The governing contract law dictates and regulates the life of a contract. Despite its importance, little is known about the choice of law decision-making process. Is there (ir)rationality involved? How can we ascertain this? How can we improve these judgements?

Rethinking Choice of Law in Cross-Border Sales is an innovative, multi-disciplinary, and practice-oriented initiative to examine what factors determine the way contracting parties choose the law to govern their agreements. It presents evidence on how negotiators approach this topic, including the main drives and triggers of their decisions.

The book also invites readers to explore and understand the idiosyncratic world of contracting parties’ minds; a complex device of imperfections, cognitive limitations, and emotions. The book proposes alternatives and mechanisms to tackle, control or minimise the effects of cognitive errors within judgements. The author aims to offer both laymen and legal practitioners appropriate tools to facilitate more efficient outcomes.

Recommendations:

• ...in Rethinking Choice of Law in Cross-Border Sales, Moser effectively bridges the gap between academia and practice... As such, it can serve academics as much as practitioners. Prof. Fabien Gélinas Ad. E.
• [This] is the book you want on your bookshelf, or on your desk, when you are up against a difficult choice of law matter, be it as counsel, arbitrator or judge. Prof. (em.) Ingeborg Schwenzer
• Dr Moser is to be commended for a timely book which fills a gap in the readily available materials on the subject. Prof. Julian DM Lew QC
• This is an exceptionally interesting and innovative book... The Rt Hon Lord Collins of Mapesbury 
• Dr Moser has produced a very interesting and well researched book which explores an important legal question from a unique perspective... Dr. Michael Pryles AO PBM
• Dr. Moser impressively explores choice of law both on a practical and theoretical level, resulting in a useful guide on this important subject. Prof. Bernardo Cremades
• It may be the most important thing that in-house commercial lawyers of any level of experience should read...it is a phenomenal work, unlike anything that I've seen on the subject... Michael McIlwrath
• The usefulness of this book is beyond any doubt, as well as its originality. Prof. Diego. P. Fernández Arroyo
• A must-read for academics and practitioners alike to better understand matters related to the choice of law. Prof. José Antonio Moreno Rodríguez