scholarly journals Jonatan Echebarría Fernández. Jurisdiction and arbitration agreements in contracts for the carriage of goods by sea. Limitations on party autonomy

2021 ◽  
Vol 13 (2) ◽  
pp. 1130-1134
Author(s):  
Carlos Llorente Gómez de Segura
Keyword(s):  
Party Autonomy

Este artículo reseña: Jonatan Echebarría Fernández. Jurisdiction and arbitration agreements in contracts for the carriage of goods by sea. Limitations on party autonomy. Informa Law from Routledge, Oxon 2021, 194 pp.  

scholarly journals Hermeneutical Injustice, Contract Law, and Global Value Chains

2020 ◽  
Vol 16 (1) ◽  
pp. 139-159
Author(s):  
Lyn K.L. Tjon Soei Len
Keyword(s):  
Social Power ◽  
Global Value Chains ◽  
Contract Law ◽  
Value Chains ◽  
Party Autonomy ◽  
Normative Constraint ◽  
Contract Framing ◽  
Exchange Relations

AbstractGlobal value chains (GVCs) resist dominant contract framing, because presumptions about contract’s bilateral structure and party autonomy fail to capture the complex interconnections between private exchange relations. Contract law seems to obscure, rather than capture, the ways in which the relationships and experiences of various actors in GVCs are linked. This article argues that, in doing so, contract law contributes to systemic hermeneutical injustice. Systemic hermeneutical injustice captures how shared interpretative resources can render those in disadvantaged positions of social power unable to make intelligible that what is in their interest to render intelligible. The article’s primary aim is to show how this form of injustice bears on contract law and how it can function as an independent normative constraint on the institution of contract law.

Pick Your President: Why and How Parties Should Seek to Agree on a Presiding Arbitrator

2021 ◽  
Author(s):  
Eric Leikin ◽  
Clemens Treichl
Keyword(s):  
Legal Framework ◽  
General Analysis ◽  
High Quality ◽  
Party Autonomy ◽  
Quality Award ◽  
Standard List

Abstract It is common wisdom that selecting a suitable presiding arbitrator is vital to securing efficient proceedings and a high-quality award. As a corollary of party autonomy, the parties’ right to choose their arbitrators is subject only to few limitations, yet relatively little guidance exists for parties attempting to jointly choose the arbitral president in a structured and efficient way. This article seeks to expand on the limited guidance available. It begins by briefly examining the underlying legal framework and setting out various objectives that can serve as a yardstick in fashioning a procedure for selecting presiding arbitrators. This general analysis is followed by a proposal of a concrete, standard ‘list’ procedure which is easily adaptable to different arbitration settings and case configurations.

The new Uruguayan private international law: an open door to party autonomy in international contracts

2021 ◽  
Author(s):  
Eduardo Florio de León
Keyword(s):  
International Law ◽  
General Analysis ◽  
Private International Law ◽  
State Law ◽  
Open Door ◽  
Commercial Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
General Law ◽  
Contractual Obligations

Abstract On 17 November 2020, the General Law on Private International Law (Law 19.920) was approved. This Law resulted from a process of hard work that took over two decades of discussions and debates.1 With this Law, Uruguay becomes one of a group of countries that have already carried out this kind of reform, particularly in regard to international commercial law and international contracts. The new Law 19.920 allows parties to choose the applicable law (State or non-State law) to regulate their international contractual obligations. This reform has a real disruptive imprint since Uruguay leaves behind its old and anachronistic regulation of the matter. This article provides a general analysis of the regulation of international commercial law under Law 19.920 (Articles 13 and 51) and the new regime applicable to international contracts, including the parties’ right to choose the applicable law (Article 45) (State or non-State law), which increases their autonomy in comparison with the previous regime.

Sign in / Sign up

Export Citation Format

Share Document