Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Giuditta Cordero-Moss (Universitetet i Oslo)

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English

Cambridge University Press
17 March 2011

Comparative law; International law of transport, communications & commerce; Commercial law

With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Edited by: Giuditta Cordero-Moss (Universitetet i Oslo)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 25mm
Weight: 770g
ISBN: 9780521197892
ISBN 10: 0521197899
Pages: 426
Publication Date: 17 March 2011
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Giuditta Cordero-Moss is a professor at the Institute of Private Law, University of Oslo, where her main areas of expertise are international commercial law, comparative law 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.