Trade Usages and Implied Terms in the Age of Arbitration

Fabien Gélinas is Sir William C. Macdonald Professor of Law at McGill University, where he previously served as Associate Dean of Law and Director of the Institute of Comparative Law. He was formerly General Counsel at the International Court of Arbitration of the International Chamber of Commerce and is now chair of the Canadian Arbitration Committee. He teaches international arbitration and contract law in both the civil law and the common law tradition and publishes widely on these subjects. A former law clerk to Justice Charles Doherty Gonthier of Canada's Supreme Court, he holds degrees from the University of Montreal and the Paris School of diplomatic and strategic studies, and a D.Phil. from Oxford University. He acts regularly as arbitrator in international commercial matters.

• ContributorsForewordIntroductionFabien GélinasPart I - National Perspectives on Usages and Implied Terms1. Customs and Usages in England: Achieving Interpretive Accuracy by Giving Effect to Unexpressed IntentGeoff R. Hall2. Usages and Implied Terms under French and Belgian Positive Law: A Subjective Approach Tending toward ObjectivityLydie Van Muylem3. White Space, Implied Terms, and the Concept of Usage in QuebecMarie-Claude Rigaud4. Usages and Implied Terms in ItalyLuca G. Radicati di Brozolo & Giacomo Marchisio5. Not Merely Facts: Trade Usages in German Contract LawHelge Dedek6. Usages and Implied Terms in the United StatesChristopher R. DrahozalPart II - Trade Usages and Implied Terms in Transnational Law7. Trade Usages in the Convention on Contracts for the International Sale of Goods Geneviève Saumier8. Usages and Implied Obligations under the UNIDROIT Principles of International Commercial ContractsLauro Gama, Jr. 9. Trade Usages in ICC ArbitrationEmmanuel Jolivet, Giacomo Marchisio & Fabien GélinasPart III - Toward a Transnational Law of Trade Usages10. The Law Merchant and Choice of LawH. Patrick Glenn11. Trade Usages as Transnational LawFabien GélinasAppendix - Provisions on Trade Usages in International Arbitration and Transnational Contract InstrumentsIndex

Overall, Trade Usages and Implied Term in the Age of Arbitration offers a useful summary of the application of trade usages in major legal systems, while not shying away from the complexity and difficult questions the employment of such usages invites in the transnational context. It will therefore undoubtedly prove helpful to both practitioners of transnational arbitration, as well as more academically minded lawyers.