Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Giuditta Cordero-Moss is a professor at the Institute of Private Law, University of Oslo, where her main areas of expertise are international commercial law, comparative law and private international law. She is also an international arbitrator and has in the past practised as an international commercial lawyer in Italy, Norway and Russia.

Introduction; Part I. How Contracts Are Written In Practice: 1. Negotiating international contracts: does the process invite a review of standard contracts from the point of view of national legal requirements? David Echenberg; 2. Multinational companies and national contracts Maria Celeste Vettese; Part II. Methodological Challenges: 3. Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation? Giuditta Cordero Moss; 4. Common law based contracts under German law Gerhard Dannemann; 5. Comparing exculpatory clauses under Anglo-American law: testing total legal convergence Edward T. Canuel; 6. Circulation of common law contract models in Europe: the impact of European Union system Jean-Sylvestre Bergé; Part III. The Applicable Law's Effects on Boilerplate Clauses: 7. The common law tradition: application of boilerplate clauses under English law Edwin Peel; 8. The Germanic tradition: application of boilerplate clauses under German law Ulrich Magnus; 9. The Romanistic tradition: application of boilerplate clauses under French law Xavier Lagarde, David Méheut and Jean-Michel Reversac; 10. The Romanistic tradition: application of boilerplate clauses under Italian law Giorgio De Nova; 11. The Nordic tradition: application of boilerplate clauses under Danish law Peter Møgelvang-Hansen; 12. The Nordic tradition: application of boilerplate clauses under Finnish Law Gustaf Möller; 13. The Nordic tradition: application of boilerplate clauses under Norwegian law Viggo Hagstrøm; 14. The Nordic tradition: application of boilerplate clauses under Swedish law Lars Gorton; 15. The East European tradition: application of boilerplate clauses under Hungarian law Attila Menyhárd; 16. The East European tradition: application of boilerplate clauses under Russian law Ivan S. Zykin; 17. Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless Giuditta Cordero Moss.