International Commercial Contracts Applicable Sources and Enforceability

Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?

1. Contract practice and its expectations in terms of the governing law; 2. The role of transnational law; 3. The impact of the governing law; 4. Which state law governs an international contract?; 5. Does arbitration ensure a self-sufficient contract?; 6. Conclusion.

Giuditta Cordero-Moss is a professor at the Law Faculty of the University of Oslo where she teaches international commercial law, international commercial arbitration and private international law. She is also an international arbitrator and has in the past practised as an international commercial lawyer in Italy, Norway and Russia.