Trade Usages and Implied Terms in the Age of Arbitration

Fabien Gelinas (ed), Trade Usages and Implied Terms in the Age of Arbitration (Oxford University Press 2016).

8 Pages Posted: 18 Sep 2016

Date Written: September 12, 2016

Abstract

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms, and the arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract’s terms really are. This recourse to trade usages does not create many problems on the domestic level, but international arbitrations make the topic rather complex and confusing. This book provides a clear explanation of how usages, and more generally the implicit or implied content of contracts, are approached by some of the most influential legal systems and under uniform law instruments dealing with international commercial contracts. Building on these approaches and taking account of arbitral practice, this book then explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.

Note: Downloadable text is table of contents, foreword, and introduction

Keywords: usages, implied terms, transnational law, commercial contracts, arbitration

Suggested Citation

Gelinas, Fabien, Trade Usages and Implied Terms in the Age of Arbitration (September 12, 2016). Fabien Gelinas (ed), Trade Usages and Implied Terms in the Age of Arbitration (Oxford University Press 2016)., Available at SSRN: https://ssrn.com/abstract=2837718

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

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