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Rethinking Choice of Law in Cross-Border Sales

Rethinking Choice of Law in Cross-Border Sales
  • Year of publication 2018
  • 265 pages
Author:Gustavo Moser
Series:International Commerce and Arbitration (volume 27)
Category: Law Business and Commercial Law
Icon_printbook 978‐94‐6236‐846‐0 | hardcover | 1st edition | € 80.00 / $ 108.00 / £ 84.80
Icon_ebook 978‐94‐6274‐852‐1 | ebook | € 79.99

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:

Rethinking Choice of Law in Cross-Border Sales 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

Moser brings a fresh perspective to the study of choice of law in cross-border sales. He blends decision-making theory and empirical analysis to answer a question of great practical relevance... Justice Ruy Rosado de Aguiar Jr. (Ret.)

Rethinking Choice of Law in Cross-Border Sales is both innovative in its approach and comprehensive in that it does not only include a legal analysis but – equally important – factors such as psychology. Prof. Daniel Girsberger 

A must-read for academics and practitioners alike to better understand matters related to the choice of law. Prof. José Antonio Moreno Rodríguez

Gustavo Moser's book is a compulsory reading because the content is not just restricted to the traditional question of the choice of law applicable to contracts at the international level... Prof. Rachel Sztajn

Rethinking Choice of Law in Cross-Border Sales is a must-have as well as a must-read for scholars and practitioners who have expertise in private international law. Definitely, it is a masterpiece of his great accomplishments. Prof. Gyooho Lee

Rethinking Choice of Law in Cross-Border Sales is an innovative book. It adopts a pragmatic approach which leads one to rethink the subject. Prof. Bénédicte Fauvarque–Cosson

To read the recommendations in full and more, see: 'additional materials'.

Author's information

Gustavo Moser is a legal counsel at the London Court of International Arbitration (LCIA) and a subject coordinator at the Swiss International Law School (SiLS). Dr Moser obtained his PhD in International Commercial Law from the University of Basel, Switzerland, and has been working for over a decade with international dispute resolution in various legal roles worldwide. Dr Moser’s areas of expertise are cross-border dispute resolution mechanisms, uniform sales law (CISG), intellectual property law, economic analysis of law, and private international law.

Recommendations

"Rethinking Choice of Law in Cross-Border Sales 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."

Professor (em.) Ingeborg Schwenzer
University of Basel / Swiss International Law School (SiLS)

"Rethinking Choice of Law in Cross-Border Sales will be a useful tool to all those involved in choosing, determining and applying law and rules to international transactions. Dr Moser is to be commended for a timely book which fills a gap in the readily available materials on the subject."

Professor Julian DM Lew QC
Queen Mary University of London, School of International Arbitration

"Moser brings a fresh perspective to the study of choice of law in cross-border sales. He blends decision-making theory and empirical analysis to answer a question of great practical relevance: how and what factors shape the choice of governing contract law. For its multi-faceted approach, this book explains how choice-of-law decisions are made and how better, more efficient decisions could be made."

Justice Ruy Rosado de Aguiar Jr. (Ret.)
Superior Court of Justice, Brazil

"Rethinking Choice of Law in Cross-Border Sales is both innovative in its approach and comprehensive in that it does not only include a legal analysis but – equally important – factors such as psychology."

Professor Daniel Girsberger
University of Lucerne; Former Chairman of the Hague Conference on International Private Law Working Group on Choice of Law in International Commercial Contracts (2010-2015); Managing Editor of a forthcoming comparative global publication on the Hague Principles on Choice of Law in International Commercial Contracts

"A fresh look on the topic and a compelling case in favor of choosing uniform law instruments to govern international transactions... A must-read for academics and practitioners alike to better understand matters related to the choice of law."

Professor José Antonio Moreno Rodríguez 
National University of Asunción and Heidelberg Center of Chile; President of the Centro de Estudios de Derecho, Economía y Política (CEDEP)

"Gustavo Moser's book is a compulsory reading because the content is not just restricted to the traditional question of the choice of law applicable to contracts at the international level... By bringing economic aspects to the debate, the author shows the growing importance of interdisciplinarity. The book offers to legal professionals perspectives which, until recently, were ignored, but should be considered when choosing the governing contract law. The theoretical notions within the book are complemented by practical perspectives and critical analysis, and make this book a reference for academics and practitioners alike."

Professor Rachel Sztajn
University of São Paulo

"Rethinking Choice of Law in Cross-Border Sales is a must-have as well as a must-read for scholars and practitioners who have expertise in private international law. Definitely, it is a masterpiece of his great accomplishments.

Professor Gyooho Lee
Chung-Ang University School of Law

"Rethinking Choice of Law in Cross-Border Sales is an innovative book. It adopts a pragmatic approach which leads one to rethink the subject."

Professor Bénédicte Fauvarque–Cosson
Université Panthéon Assas, Paris II