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Regulatory Competition in Contract Law and Dispute Resolution

Editor(s): Horst Eidenmüller
Media of Regulatory Competition in Contract Law and Dispute Resolution
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Published: 01-08-2013
Format: Hardback
Edition: 1st
Extent: 400
ISBN: 9781849464857
Imprint: Beck/Hart
RRP: £195.00
Online price : £175.50
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Loren Epson

About Regulatory Competition in Contract Law and Dispute Resolution

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Table Of Contents

Chapter 1 Regulatory Competition in Contract Law and Dispute Resolution
Horst Eidenmuller
Chapter 2 Clearings and Thickets: Intellectual Property Law and Growth Economics
Robert D. Cooter/Aaron S. Edlin
Comment on Cooter/Edlin
Mathias Siems
Chapter 3 Make or Buy – A Public Market for Legal Transplants?
Ralf Michaels
Chapter 4 Private Lawdrafting, Intellectual Property, and Public Laws
Bruce H. Kobayashi/Larry E. Ribstein
Comment on Kobayashi/Ribstein
Anne van Aaken
Chapter 5 Global Law's Toolbox: How Standards Form Contracts
Dan Wielsch
Standard Form Contracts as Private Law Regimes
Axel Metzger
Comment on Wielsch
Michael Klausner
Chapter 6 Regulatory Competition in International Trade: Transnational Regulation through Standard Form Contracts
Hugh Collins
Private Production of Transnational Regulation through Standard Form Contracts
Thomas Ackermann
Regulatory Competition between Public and Private Rules
Florian Moslein
Chapter 7 Contracting Employee Involvement: An Analysis of Bargaining over Employee Involvement Rules for a Societas Europaea
Horst Eidenmu¨ller/Lars Hornuf/Markus Reps
Contracting Co-Determination: The SE-Directive as a Model?
Gregor Bachmann/Heiko Richter
Chapter 8 Living Wills: A Prelude to Private Ordering Under Bankruptcy Law?
Adam Feibelman
Can Living Will Regulations Revive Contractual Approaches to Bankruptcy?
Christoph Thole
Chapter 9 Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence
Stefan Vogenauer
Comment on Vogenauer
Michael Coester
Chapter 10 The Choice of Law Framework for Efficient Regulatory Competition in Contract Law
Giesela Ruhl
Networks and Lemons in the Market for Contract Law
Andreas Engert
Chapter 11 Characteristics of Contract Laws and the European Optional Instrument
Hugh Beale
The CESL as a European Brand – PayPalizing European Contract Law
Martin Engel/Johanna Stark
Chapter 12 Dispute Resolution as a Product: Competition between Civil Justice Systems
Gerhard Wagner
Comment on Wagner
Dagmar Coester-Waltjen
Chapter 13 Jurisdictional Competition for Dispute Resolution: Courts versus Arbitration
Erin O'Hara O'Connor
Comment on O'Hara O'Connor
Peter F. Schlosser
Chapter 14 Arbitration and Access to Courts: Economic Analysis
Omri Ben-Shahar
Chapter 15 The English vs. the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts
Theodore Eisenberg/Geoffrey P. Miller
Comment on Eisenberg/Miller
Lars Hornuf

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