Set-Off in Arbitration and Commercial Transactions

by Pichonnaz, Pascal; Gullifer, Louise

• ISBN13: 9780199698080
• ISBN10: 0199698082
• Format: Hardcover
• Copyright: 2014-05-06
• Publisher: Oxford University Press

Author Biography

Pascal Pichonnaz, Professor, University of Fribourg,Louise Gullifer, Professor of Commercial Law, University of Oxford

Pascal Pichonnaz has been a Professor at the Law School of the University of Fribourg (Switzerland) since 2001, where he is also Chair for Private Law and Roman Law (teaching Roman Law, Contract Law, European Private Law and European Consumer Law). He is also a visit professor at several institutions, including the Center for Transnational Legal Studies, the Paris Pantheon-Assas, the University of Rome and the University d'Auvergne Clermont-Ferrand.


Louise Gullifer has been teaching at Oxford since 1991. Before that she practised at the Commercial Bar in chambers at 3 Gray's Inn Place (now 3 Verulam Buildings), under her maiden name (Louise Edwards). She remains an honorary member of those chambers. She teaches Roman law, Contract law, Commercial Law, Corporate Finance law and Corporate Insolvency law and is the senior law tutor at Harris Manchester College. From 1994-97 she was a Fellow of Brasenose College. She is currently the Oxford Law Faculty Development Co-ordinator. She is also Chair of the University Student Disciplinary Panel.

Table of Contents

Introduction
Part I - Jurisdiction over Claims in Arbitration
1. General Aspects
2. Various Applicable Rules
Part II - Applicable Law (Conflict of Law Rules)
3. General Aspects
4. Rome Regulation (2008)
5. Other Conventions on Applicable Law
6. UNIDROIT Principles & European Principles
Part III - Set-off Requirements
7. General Aspects
8. Reciprocity
9. Claims of the Same Contract/out of different contracts
10. Maturation (claimed accrued)
11. Enforceability
12. Claims in Different Currencies
13. Exceptions & Particular Cases
14. Burden of Proof
Part IV: Set-off and Insolvency
15. General Aspects in English Law
16. European Regulation on Insolvency
Conclusion
Appendix