Effective enforcement of international commercial transactions by UK businesses in a fragmenting transnational institutional environment

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Kratenova, A, 2022. Effective enforcement of international commercial transactions by UK businesses in a fragmenting transnational institutional environment. PhD, Nottingham Trent University.

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Abstract

The Thesis addresses aspects of the dispute resolution environment for transactional deals in global trading networks from the perspective of the United Kingdom's fragmenting relationship with the legal order of the European Union. The context in which the transactions between the UK businesses and their cross-border trading partners are occurring is identified and described. Significant aspects of the environment such as the fragmentation events and the systems which are influencing international commercial transactions such as the legal, political and economic systems are analysed. Systems theory developed by Niklas Luhmann is adopted because of its dynamic nature in the analysis which illustrates the impact of fragmentation on the environment of international trade. Luhmann's theory is given an expansive explication and applied to current events such as the exit of the UK from the EU (Brexit) and the Covid-19 Pandemic. The Thesis provides a unique approach and synthesis through application of the systems theory to the above systems of interest, including the system of private international law and international commercial arbitration. The Thesis also addresses fragmentation from the business perspective providing a compact illustration of the impact of the selected fragmenting events on the possibilities regarding international dispute resolution for UK businesses. It is inevitable that the fragmenting events impacted the UK businesses' trade and it is illustrated that even though Brexit impacted application of the EU private international law rules in the UK, there are still possibilities regarding litigation or international commercial arbitration if the UK businesses are well informed and the contractual parties are willing to incorporate dispute resolution clauses in their contracts.

Item Type:	Thesis
Creators:	Kratenova, A.
Date:	March 2022
Rights:	The copyright in this work is held by the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the author.
Divisions:	Schools > Nottingham Law School
Record created by:	Linda Sullivan
Date Added:	17 Jan 2023 13:19
Last Modified:	17 Jan 2023 13:19
URI:	https://irep.ntu.ac.uk/id/eprint/47914