The Law Reviews
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I OVERVIEW As a forum, Canada is well suited to the adjudication of complex commercial disputes. Parties are generally free to bring contract claims as they see fit, with frivolous suits discouraged by a costs regime that typically requires the losing...
I INTRODUCTION Businesses entering into agreements in the United States require a working knowledge of the fundamentals of contract law, which can be subject to the laws of one or more of the 50 US states.2 Contract law in New York in particular, however,...
I Overview Complex commercial litigations often stem from disputes arising out the conclusion, interpretation or performance of a contract leading the litigants to refer to the contractual provisions and to statutory law supplemented by case law. French...
I OVERVIEW Courts of England2 are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective resolution of disputes...
Herbert Smith Freehills SA LLP (Johannesburg)
I OVERVIEW In South Africa, a contract forms the basis of enforceable legal obligations and corresponding rights between two or more contracting parties. The South African law of contract is not codified, but finds its source in the common law, which...
Uría Menéndez Proença de Carvalho
I OVERVIEW Commercial contracts are undoubtedly an essential instrument for business transactions. In fact, contrary to what some authors predicted in the mid-twentieth century, the 'demise of contracts' is a long way away. Commercial contracts are currently...
I OVERVIEW In China, the Contract Law of People's Republic of China (the PRC Contract Law) is the most important legislation dealing with commercial contracts and commercial disputes. The PRC Contract Law was promulgated by the China's National People's...
I OVERVIEW Denmark has a very high degree of contractual freedom, meaning that, as a general rule, parties are freely permitted to enter into contracts. This is a cornerstone in Danish contract law. Exceptions to the principle of contractual freedom are,...
I OVERVIEW The well-developed legal system in Hong Kong plays a crucial role in maintaining Hong Kong as a prominent commercial and financial centre. i Court structure in Hong Kong The basic court structure (in ascending order) in Hong Kong for the purpose...
I OVERVIEW Brazil is a civil law-system country with a legal system based mainly on codes and legislation. The case law, however, has increasingly gained more relevance in guiding the interpretation of provisions of the Federal Constitution and the laws,...