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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.
Globalisation is generally defined as the “denationalisation of clusters of political, economic, and social activities” that destabilize the ability of the sovereign State…
Globalisation is generally defined as the “denationalisation of clusters of political, economic, and social activities” that destabilize the ability of the sovereign State to control activities on its territory, due to the rising need to find solutions for universal problems, like the pollution of the environment, on an international level. Globalisation is a complex, forceful legal and social process that take place within an integrated whole with out regard to geographical boundaries. Globalisation thus differs from international activities, which arise between and among States, and it differs from multinational activities that occur in more than one nation‐State. This does not mean that countries are not involved in the sociolegal dynamics that those transboundary process trigger. In a sense, the movements triggered by global processes promote greater economic interdependence among countries. Globalisation can be traced back to the depression preceding World War II and globalisation at that time included spreading of the capitalist economic system as a means of getting access to extended markets. The first step was to create sufficient export surplus to maintain full employment in the capitalist world and secondly establishing a globalized economy where the planet would be united in peace and wealth. The idea of interdependence among quite separate and distinct countries is a very important part of talks on globalisation and a significant side of today’s global political economy.
Outlines the meaning of arbitration and the legal characteristics it possesses under Greek Law. Looks at the type of cases subject to arbitration, the arbitration…
Outlines the meaning of arbitration and the legal characteristics it possesses under Greek Law. Looks at the type of cases subject to arbitration, the arbitration agreement and the use of the civil court. Compares the situation to US Law, again outlining the legal stance and covering areas such as the methods employed with the courts, conduct of the hearing, limitations of the arbitrator’s power and the judicial review of awards made. Concludes that both systems rely on the courts to make vital decisions and advocates a secondary system without such reliance.
Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to…
Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play, each of which must be considered when looking at the safeguards built into electronic systems. Considers Digital signatories, legal contractual agreements and various legislative approaches. Covers cross border jurisdiction and digital negotiability before looking at the European Model EDI Agreement. Comments on the Uncitral Model Law on Electronic Commerce and then presents the position held by the banking community. States the arguments for the paper form compared to the electronic form and concludes that there is a need for more understanding and legal clarification within the subject.
Compares and contrasts the contractual role of bills of lading in the context of Greek, US and English law. Discusses the legal status and contractual roles of these…
Compares and contrasts the contractual role of bills of lading in the context of Greek, US and English law. Discusses the legal status and contractual roles of these lading bills in the context of the legislative provisions and associated case law in each of the three countries. Concludes that the role of these bills is unsettled and there is no uniform perception. Recommends measures involving amendments to English legislation, to consolidate the regulation of international trade.
Although Greece is not a party to the Brussels Convention of 1924 on bills of lading (Hague Rules) major part of its substantive provisions has been incorporated in title…
Although Greece is not a party to the Brussels Convention of 1924 on bills of lading (Hague Rules) major part of its substantive provisions has been incorporated in title 6 of the Code of Private Maritime Law which was introduced by Law 3816 in 1958. The Hague and Hague‐Visby Rules become recently part of the Greek law by law 2107/1992. The contract of carriage of goods by sea is regarded as a kind of the general contract of affreightment (charter‐parties). Scholars have clearly expressed in favour of the regulation of both kinds of contracts under the same provisions. So the former (contract of carriage) is governed by the same provisions as the latter (charter party)
Bills of lading had been in use a long time before the first attempts for the standardisation of their terms occurred. Their utility as legal documents was recognised…
Bills of lading had been in use a long time before the first attempts for the standardisation of their terms occurred. Their utility as legal documents was recognised after they have been circulated and used in international trade for some time. More clauses purporting to absolve the carrier from liability were introduced in the content of the bill of lading . A formula for the establishment of minimum liability of the carrier was adopted by a series of conferences after the first world war, in order to stop the practice of contracting in ways which would unduly favour the carrier. The whole effort has resulted in the emergence of the international convention for the unification of certain rules relating to bills of lading 1924. In modern days this document started to be used as a register in the book of loading and after years of practice has established as a new document. A bill of lading is a fundamental and vital document of international trade and commerce, indispensable to the conduct and financing of business involving the sale and transportation of goods between parties located at a distance from one another. A bill of lading has commonly been said to have three characteristics : 1} a contract for the carriage of the goods 2} an acknowledgement of their receipt and 3} documentary evidence of title . However, there is an uncertainty and dispute about its contractual nature. The significance of the establishment of the contractual role of bills of lading based on the necessity that any contractual party should know the final terms of the contract upon which the terms of the International Conventions will be implied to. Contractual terms must not be different to these stated by the International Conventions. Is the bill of lading the contract of carriage upon which the terms of the International Conventions are implied to? In this first article it is proposed to investigate the contractual role of bills of lading as it has been perceived in the different international conventions. The analysis will be based mainly on arguments which have arisen from the content of the conventions themselves, than by investigating the national Acts which were introduced in order to implement the international conventions. Reference to other sources, such as court decisions or views of various scholars, will be made in case that there is a straight relation with the construe of the conventions themselves. The main scope is to find out how the international practice is reflected in the writing of the conventions. This article will be the first of a series of articles which will follow and where their contractual role under the Creek, United States and English law will be investigated.
Britain's merchant navy dominated the international maritime trade in the 19th century. The strong ship owners' lobby imposed on the shippers the only choice to contract…
Britain's merchant navy dominated the international maritime trade in the 19th century. The strong ship owners' lobby imposed on the shippers the only choice to contract either under bills of lading drafted almost totally on the ship owners' terms or not to contract. The conflict between Britain and its rival the American merchant navy precipitated a movement for the use of model contracts of shipment (carriage) and towards standardisation of the liability of International liner carriers by legislative intervention. The bill of lading through its use in international trade gained the characteristic of being the document which incorporates the contractual terms. So, the orally agreed contract of carriage gave way to the contract of carriage in the form of a bill of lading.