CONTRACTS LAW IN ASIA CONTRACTS LAW & DISCRETE VS. RELATIONAL PROBLEM

Slides:

Advertisements

Similar presentations

T HE USE OF ARBITRATION IN THE ADMINISTRATIVE CONTRACT : THE RECOMMENDATION FOR T HAILAND Natthinee Sereechettapong.

Advertisements

ASIA PACIFIC ECONOMIC COOPERATION (APEC) RENEWABLE ENERGY FINANCING WORKSHOP May 14, 2004 Honolulu, Hawaii John F. Pierce Stoel Rives LLP Seattle, Washington.

legal, technological, and political forces

The International Legal Environment: Playing By the Rules Chapter 7 McGraw-Hill/Irwin© 2005 The McGraw-Hill Companies, Inc. All rights reserved.

Legal Infrastructure Rule of Law Lawmaking and Law Enforcement Courts and Judicial Review Legal Origin and Legal Transplants Legal Harmonization and Legal.

LEGAL ENVIRONMENT OF WORLD TRADE 1. THE BASES FOR WORLD LEGAL SYSTEMS: ISLAMIC LAW SOCIALIST LAW COMMON LAW CODE LAW.

contracts Definition of contract purpose of contract scope of contract

International Commercial Arbitration Lec1: Introduction & Overview (part 1)

Using IP to Increase Entrepreneurial Competitiveness Ron Marchant CB FRSA Intellectual Property Rights Management, Riga, May 2012.

Introduction to Political Economy: Theories and Practice

© 2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Vocabulary- the key to understanding this stuff. Correlation An apparent association between certain factors or variables An apparent association between.

DETERMINANTS OF FINANCIAL DEVELOPMENT “Finance, Financial Sector Policies, and Long-Run Growth” by Ross Levine and Asli Demirgüç-Kunt PRESENTED BY MARISHA.

I NTERNATIONAL I NVESTMENT L AW - 7 Political Risk Insurance Prof. Dr. Werner Meng - Europa Institut - Saarland University1.

ETH Zurich, Spring 2015 Law & Business Transactions Law in Finance Gérard Hertig.

ARBITRATION. Arbitration Key Characteristics Informality resulting in greater speed, less cost Choice of Decision maker Privacy.

Business Law with UCC Applications, 13e

Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 5 International.

CONTRACTS LAW IN ASIA LEGAL APPROACHES TO CONTRACTS Prof David K. Linnan Class Four- LAW E506 01/14/04.

ASIAN & COMPARATIVE LAW RULE OF LAW & STATES (WESTERN) Prof David K. Linnan Class Two- LAWS # /26/04.

DR. KEVIN J. FANDL AMERICAN PUBLIC UNIVERSITY Treaty Law and Dispute Settlement.

ASIAN & COMPARATIVE LAW CONCEPTS Prof David K. Linnan Class One- LAWS # /08/04.

Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman Chapter 9 International.

PoliticalLegalEconomicWild Card

Alternative Dispute Resolution Ensure all mobiles are switched off Feel free to ask questions – just raise your hand first Have your précis notes (Ch.10.

Institutional Economics - origins and main schools Prof. Jerzy Wilkin.

PUBLIC INT’L LAW SOURCES OF LAW Prof David K. Linnan USC LAW # 783 Unit Three.

Resolution of Conflicts, Options under Mexican and Chinese Laws

International Commercial Arbitration Austrian/Polish Twin Conference Arbitration Courts and Arbitral Procedure Moderator: Tomasz Wardyński, Wardyński &

LEGAL AND POLITICAL FORCES. CHAPTER 7: LEGAL AND POLITICAL FORCES LEARNING OBJECTIVES To introduce the topic to the student and explain how country laws.

INT’L FINANCIAL SYSTEM JOINT CLASS THIRTEEN WHITHER THE IFIs? Prof. David K. Linnan UI-UGM-USC-UNDIP - USU Univ. of South Carolina Joint Videoconferenced.

International Law in a Global Economy Chapter 24.

INTERNATIONAL ENVIRON. LAW INTRODUCTION Prof David K. Linnan Class One - LAW A545 03/29/04.

International Business, 8th Edition

International Conference on Enhancing the Effectiveness of Deposit Insurance Operation, Hanoi March, 2007 Best Practices of Managing a Closed Bank Mitchell.

Dispute Resolution Services McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

Chapter 2 Economic Systems You mean there is more than one?

PUBLIC INT’L LAW CLASS THREE SOURCES OF LAW Prof David K. Linnan USC LAW # /02/03.

Chinese ADR FEN HE. Introduction Mr. Chief Justice Warren Burger 1982 « alternative dispute resolution » → mediation Chinese ADR: important factor in.

The UNCITRAL Model Law on International Commercial Arbitration: 25 Years 4 June 2010 “The Influence of the UNCITRAL Model Law in Hong Kong and China”

Introduction to Russian Law Soili Nysten-Haarala University of Lapland Autumn 2013.

1. STANDARD SETTING & RULE WRITING 3. ANALYTICS & PUBLICATIONS Global Surveys 2. POLICY & REGULATORY 4. EDUCATION, CERTIFICATION & E-LEARNING 5. DISPUTE.

Political & Economic Influences with Multinational Business Ron Smith Commercial Contracting Conference 2003.

LEGAL AGREEMENTS AROUND THE WORLD. International legal systems and liability Property and contracts Resolving legal differences Legal Agreements Around.

Prof. Giorgio F. COLOMBO. Lesson n.2  International Commercial Arbitration is a private form of adjudication by which entities involved in commercial.

CONCILIATION  Third party assists in the process of enabling parties to reach a decision between themselves.  Third party does not make a decision 

Proposal Selection Form

Chapter 3: Alternative and Online Dispute Resolution

Jornada Colombiana – How to do business in Colombia University of St

International Relations

Introduction to law Business & Commercial Law 2014

Chapter 25 International Law and Global Commerce.

Economics Issues and Concepts.

Old Traditional Economy

A comparative study in Saudi Arabia and China

International Investment Law (6) & (7)

MAKING SENSE OF THINGS:

Introduction to Mediation

TRANSACTION COST ECONOMICS: THEORY

Introduction to Public Affairs

Introduction to International Commercial Arbitration

Politics and Law.

Introduction to International Commercial Arbitration

National Differences in Political Economy

ARE WE LOOKING AT THE RIGHT THINGS?

“Economic Law” James V. Feinerman

Introduction to Mediation

“Political, Social, & Economic”

Presentation transcript:

CONTRACTS LAW IN ASIA CONTRACTS LAW & DISCRETE VS. RELATIONAL PROBLEM Prof David K. Linnan Class Two- LAW E506 01/07/04

MANULIFE HIDDEN THEMES WHAT ABOUT Formal Enforcement Systems & Economic Activity?

MANULIFE HIDDEN THEMES WHAT ABOUT Character of Formal vs. Informal Enforcement Systems (instead of just courts alone, foreign vs. domestic courts, vs. arbitration, vs. quasi-public or political risk insurance (OPIC, Hermes, etc.), vs. business reputation?

MANULIFE HIDDEN THEMES WHAT ABOUT Formally, (most) Asian law systems are Civil Law in origin either due to colonial history or modernization approaches (perhaps mixed now)?

MANULIFE HIDDEN THEMES WHAT ABOUT 4. Balancing formal legal system claims re indigenous law vs. formalism of Civil Law (plus enforcement issues, plus legal pluralism) ?

MANULIFE HIDDEN THEMES WHAT ABOUT Arguments about cultural vs. economic explanations of social behavior including law?

MANULIFE HIDDEN THEMES WHAT ABOUT 6. Prob. of discrete contract law (neo-classical microeconomics) vs. relational business in the rule & enforceability of promises generally?

MANULIFE HIDDEN THEMES WHAT ABOUT Role of the State in the Economy which is a different creature than private parties (public int’l law sovereign immunity vs. Continental pattern administrative courts & law)?

DISCRETE/RELATIONAL UNDERLYING POINTS Contracts law’s picture of discrete transactions & individual utility maximization does not match observed relational business patterns What is the function of a contract?

DISCRETE/RELATIONAL UNDERLYING POINTS Underlying issue of Coasean problem of economic activity’s organization in firm vs. market form Relation to contracts law? Kinds of contracts? Relation to dispute resolution? Kinds of disputes and specificity of contract?

DISCRETE/RELATIONAL UNDERLYING POINTS As an aside Atiyah talking about open-ended terms vs. Westinghouse 2-615 commercial impracticability why?

DISCRETE/RELATIONAL UNDERLYING POINTS Transaction cost analysis bias towards no costs & individual utility maximization Cooperation as other model, bounded rationality rather than homo economicus (Williamson) What would you expect to happen?

HISCOCK Hiscock re on-going law reform & commercial law Is her traditional analysis different? How? Why?