Regulatory competition in contract law and dispute resolution

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Regulatory competition in contract law and dispute resolution

edited by Horst Eidenmüller

C.H. Beck , Hart , Nomos, 2013

  • : Beck
  • : Hart
  • : Nomos

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Includes bibliographical references and index

Description and Table of Contents

Description

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Table of Contents

Chapter 1 Regulatory Competition in Contract Law and Dispute Resolution Horst Eidenmuller Chapter 2 Clearings and Thickets: Intellectual Property Law and Growth Economics Robert D. Cooter/Aaron S. Edlin Comment on Cooter/Edlin Mathias Siems Chapter 3 Make or Buy – A Public Market for Legal Transplants? Ralf Michaels Chapter 4 Private Lawdrafting, Intellectual Property, and Public Laws Bruce H. Kobayashi/Larry E. Ribstein Comment on Kobayashi/Ribstein Anne van Aaken Chapter 5 Global Law's Toolbox: How Standards Form Contracts Dan Wielsch Standard Form Contracts as Private Law Regimes Axel Metzger Comment on Wielsch Michael Klausner Chapter 6 Regulatory Competition in International Trade: Transnational Regulation through Standard Form Contracts Hugh Collins Private Production of Transnational Regulation through Standard Form Contracts Thomas Ackermann Regulatory Competition between Public and Private Rules Florian Moslein Chapter 7 Contracting Employee Involvement: An Analysis of Bargaining over Employee Involvement Rules for a Societas Europaea Horst Eidenmu¨ller/Lars Hornuf/Markus Reps Contracting Co-Determination: The SE-Directive as a Model? Gregor Bachmann/Heiko Richter Chapter 8 Living Wills: A Prelude to Private Ordering Under Bankruptcy Law? Adam Feibelman Can Living Will Regulations Revive Contractual Approaches to Bankruptcy? Christoph Thole Chapter 9 Regulatory Competition Through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence Stefan Vogenauer Comment on Vogenauer Michael Coester Chapter 10 The Choice of Law Framework for Efficient Regulatory Competition in Contract Law Giesela Ruhl Networks and Lemons in the Market for Contract Law Andreas Engert Chapter 11 Characteristics of Contract Laws and the European Optional Instrument Hugh Beale The CESL as a European Brand – PayPalizing European Contract Law Martin Engel/Johanna Stark Chapter 12 Dispute Resolution as a Product: Competition between Civil Justice Systems Gerhard Wagner Comment on Wagner Dagmar Coester-Waltjen Chapter 13 Jurisdictional Competition for Dispute Resolution: Courts versus Arbitration Erin O'Hara O'Connor Comment on O'Hara O'Connor Peter F. Schlosser Chapter 14 Arbitration and Access to Courts: Economic Analysis Omri Ben-Shahar Chapter 15 The English vs. the American Rule on Attorney Fees: An Empirical Study of Public Company Contracts Theodore Eisenberg/Geoffrey P. Miller Comment on Eisenberg/Miller Lars Hornuf

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