Arbitration is still a time- and cost-efficient, professional way of resolving cross-border disputes. However, its advantages seem to vanish if one party is obstructive and tries to delay or even sabotage the proceedings. For example, a party may initiate state court proceedings in violation of the arbitration agreement, refuse to pay the advance on costs or fail to follow a document production order of the arbitral tribunal. This work first deals with the obligations that arise from an arbit...

Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book will look at the `remedial capacity of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we ...

This book offers a comprehensive comparative overview of the effects of pre-contractual statements and agreements and post-contractual informal modifications on written contracts. It analyzes the respective case law and scholarly writing of four different jurisdictions (the US, England, Germany and Switzerland) and five uniform instruments (the CISG, PICC, PECL, DCFR and CESL) in depth, showing commonalities and differences. Topics covered are comparative contract law, modifications of (writt...