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Trade Usages and Implied Terms in the Age of Arbitration | Oxford Scholarship Online
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Trade Usages and Implied Terms in the Age of Arbitration

Fabien Gélinas

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 ... More

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

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780199916016
Published to Oxford Scholarship Online: May 2016 DOI:10.1093/acprof:oso/9780199916016.001.0001

Authors

Affiliations are at time of print publication.

Fabien Gélinas, editor
Professor of Law, McGill University, Faculty of Law

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