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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
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 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

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.