KADS 2110 - Interpretation of contracts in arbitration

Contract parties spend considerable energy drafting contract language that reflects their respective business interests. But do contracts' legal effects flow directly and solely from the words of the contract? Doesn't the applicable law influence a contract's legal effects? Not only mandatory rules of the applicable law affect a contract, but also principles contained in the general contract law may be superimposed over a contract - sometimes expanding, restricting or even correcting the agreed regulation. Is the contract more autonomous when disputes are solved in international arbitration than in national courts? And what about transnational law, does it ensure a unitary regime for contracts? This course looks at the interpretation of contracts in international arbitration.
Giuditta CORDERO-MOSS,Paula EIBEN-DZIALOSZYNSKA
Séminaire
English
Spring 2024-2025
Students will be evaluated on the basis of their participation in class and their performance in a mock case that will take place in the last class.
Giuditta.Cordero-Moss, International Commercial Contracts, Cambridge University Press 2023, Chapter 3
Lord Hoffmann, «Language and lawyers», L.Q.R 2018, 134, 553
Ole Lando, The Law Applicable to the Merits of the Dispute, in: Sarcevic (ed.), Essays on International Commercial Arbitration, Boston, London 1991, 129 Lando, Ole, The Law Applicable to the Merits of the Dispute, in: Sarcevic (ed.), Essays on Internatio
Lord Sumption, «A question of taste: the Supreme Court and the interpretation of contracts, (2016-2017) 8 The UK Supreme Court Yearbook 74 ukscy.org.uk/articles/712
Klaus Peter Berger and Thomas Arntz, Good Faith as a General Organising Principle of the Common Law'. Arbitration International 32 (2016), pp. 169
Michael Bridge, Good Faith and the Common Law'. Uniform Law Review 22.1 (2017), pp. 98–115
Michael Mustill, The New Lex Mercatoria: The First Twenty-five Years'. Arbitration International 4 (1988), p. 86