FROM THE GLOBAL ISDA MASTER AGREEMENT TO THE CHINESE VERSION OF NAFMII: A STANDARD FORM CONTRACT AS THE SOURCE OF LEGAL TRANSPLANT, IRRITATION, AND INTEGRATION

Mark Hsiao

FROM THE GLOBAL ISDA MASTER AGREEMENT TO THE CHINESE VERSION OF NAFMII: A STANDARD FORM CONTRACT AS THE SOURCE OF LEGAL TRANSPLANT, IRRITATION, AND INTEGRATION

School of Law

Research output: Journal Publications and Reviews › RGC 21 - Publication in refereed journal › peer-review

Abstract

The legal transplant is frequently used to justify a legal change in the recipient’s jurisdiction. Close examination of a global standard form contract, such as the ISDA Master Agreement 2002 and its Chinese version, the NAFMII Agreement 2009, shows that judicial divergences over the boilerplate terms offer a mechanism for an intensified process of integration between the recipient’s policies and international private law or transnational law.

Original language	English
Pages (from-to)	1-36
Number of pages	36
Journal	George Mason International Law Journal
Volume	15
Issue number	1
Publication status	Published - 19 Mar 2024

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abstract = "The legal transplant is frequently used to justify a legal change in the recipient{\textquoteright}s jurisdiction. Close examination of a global standard form contract, such as the ISDA Master Agreement 2002 and its Chinese version, the NAFMII Agreement 2009, shows that judicial divergences over the boilerplate terms offer a mechanism for an intensified process of integration between the recipient{\textquoteright}s policies and international private law or transnational law. ",

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FROM THE GLOBAL ISDA MASTER AGREEMENT TO THE CHINESE VERSION OF NAFMII: A STANDARD FORM CONTRACT AS THE SOURCE OF LEGAL TRANSPLANT, IRRITATION, AND INTEGRATION

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