
Governing Law Risks in International Business Transactions
Philip R. Wood(Author)
Oxford University Press
Published on 16. December 2022
Book
Hardback
368 pages
978-0-19-288864-8 (ISBN)
Description
This book describes the key advantages and risks involved in the choice of law governing international business and financial transactions, plus the accompanying choice of courts. Beginning with an analysis of the role of law in social infrastructure, the work outlines the economic value and power of governing law. It concentrates predominantly on financial, corporate, commercial, and insolvency law across a vast comparative basis, discussing how legal risk can be reduced through careful choice of law and courts.
In Governing Law Risks in International Business Transactions, Philip R. Wood proposes 70 key indicators to rank the England, New York, France, and German legal systems plus many other jurisdictions on 13 risk tests. These include contract predictability, business orientation, freedom of contract, insolvency regimes, corporate law, regulatory law, courts, litigation, and other factors. The book considers all 320 jurisdictions of the world and shows how to understand them by locating them in eight families of law, each with their own features. The book explains not only choice of law principles but sets out the factors to consider the commercial and legal implications of choosing one law over another in business contracts, and is an essential resource for all commercial lawyers.
In Governing Law Risks in International Business Transactions, Philip R. Wood proposes 70 key indicators to rank the England, New York, France, and German legal systems plus many other jurisdictions on 13 risk tests. These include contract predictability, business orientation, freedom of contract, insolvency regimes, corporate law, regulatory law, courts, litigation, and other factors. The book considers all 320 jurisdictions of the world and shows how to understand them by locating them in eight families of law, each with their own features. The book explains not only choice of law principles but sets out the factors to consider the commercial and legal implications of choosing one law over another in business contracts, and is an essential resource for all commercial lawyers.
Reviews / Votes
The value of a governing law can be enormous. English law underpins trillions of dollars of annual business activity. It is, according to Philip Wood, a national asset which requires effort and discipline to maintain and protect...Wood advocates the establishment of a body, the 'Institute of English Law', to protect and maintain the English legal system. * Kevin McVeigh, Law Society Gazette * It is a book which can serve many audiences: non-lawyers, particularly those of the world of banking, finance and economics; and law students and practising lawyers alike, in that the book offers a great introduction to some core commercial law concepts, including a concise overview of financial instruments and an excellent introduction to comparative law and choice of law and court. This is an excellent book, a good read and one that is most informative. * Geert van Calster, Butterworths Journal of International Banking and Financial Law * The legal fraternity are fortunate to have at their disposal this book which highlights the breadth of knowledge of one of the World's foremost practitioners. * William Johnston, Commercial Law Practitioner * Analysts or other readers concerned with understanding the challenges faced by the country should focus their time on the Sfakianakis book which provides a wealth of in-depth well-informed analysis. It addresses issues whose solution will partly determine the living conditions of the country's population and the success or otherwise of the Crown Prince's grandiose ambitions for the future of the kingdom on the world stage. * Adrian Briggs KC, Lloyd's Maritime and Commercial Law Quarterly *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 248 mm
Width: 178 mm
Thickness: 25 mm
Weight
789 gr
ISBN-13
978-0-19-288864-8 (9780192888648)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Philip R. Wood is a world-renowned academic scholar, and former Head of the Global Intelligence Unit at Allen & Overy, where he was formerly a partner and Head of Banking. He has been Visiting Professor at the University of Oxford, at Queen Mary, University of London, and was a Yorke Distinguished Visiting Fellow at the University of Cambridge. Philip is an established lecturer and author of books in the field of cross-border financial law, known most notably for his nine-volume series The Law and Practice of International Finance (Sweet & Maxwell).
Author
Former Partner and Head of the Global Intelligence Unit, Allen & OveryFormer Partner and Head of the Global Intelligence Unit, Allen & Overy
Content
Dedication
Preface
Acknowledgements
1: What this book is about
2: Role of law
3: Scope of contracts
4: Governing law and choice of courts
5: Predictability
6: Insulation of contract from foreign laws
7: Business orientation
8: Freedom of contract
9: Exclusion clauses
10: Insolvency law indicators and risks
11: Insolvency set-off
12: Security interests
13: Commercial trusts
14: Corporate law indicators and risks
15: Regulatory law indicators and risks
16: Courts, litigation, and arbitration
17: Non-legal indicators and risks
18: Comparison of jurisdictions of the world
19: Protecting a governing law
20: History and the future
21: Conclusion
Sources and References
Index
Preface
Acknowledgements
1: What this book is about
2: Role of law
3: Scope of contracts
4: Governing law and choice of courts
5: Predictability
6: Insulation of contract from foreign laws
7: Business orientation
8: Freedom of contract
9: Exclusion clauses
10: Insolvency law indicators and risks
11: Insolvency set-off
12: Security interests
13: Commercial trusts
14: Corporate law indicators and risks
15: Regulatory law indicators and risks
16: Courts, litigation, and arbitration
17: Non-legal indicators and risks
18: Comparison of jurisdictions of the world
19: Protecting a governing law
20: History and the future
21: Conclusion
Sources and References
Index