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

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

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Original languageEnglish
Pages (from-to)1-36
Number of pages36
Journal / PublicationGeorge Mason International Law Journal
Volume15
Issue number1
Publication statusPublished - 19 Mar 2024

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.

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