Description
This book assembles articles on what could be called an alternative way of legal thinking, known in Scandinavia as the proactive approach to law. Besides a general overview of proactive law, the contributions in this book includes topics such as legal risk management, strategic contracting, pre-contractual negotiation, collaborative contracts, iterative contracts, and selective distribution. One of the central concerns in proactive law is to include legal considerations in the managerial process by bringing in business-oriented legal advice, and generally speaking engage in cross-professional and interdisciplinary collaboration.
Content
Preface
The Past and Future of Proactive Law: An Overview of the Development of the Proactive
Law Movement – af Gerlinde Berger-Walliser
Proactive Management and Proactive Business Law (PAM PAL) curriculum; Educating Professionals for the Future – af Kaisa Sorsa
Strategic Contracting: Examining the Business-Legal Interface – af Larry A. DiMatteo, George J. Siedel and Helena Haapio
Collaborative Contracting as Preventine/Proactive Law – af Thomas D. Barton
Great Expectations (Part 1): Towards Relational Contract Modelling as a Strategic Competence in B2B Agreements – af John Jørgensen
Pre-Contractual Mediation in Negotiation – Transplanting Techniques from Mediation and Introducing a Neutral Contract Facilitator – af Camilla Baasch Andersen
Exclusive Choice of Court Agreements and the Brussels I Regulation – af Peter Arnt Nielsen
“Primary” Legal Risk Management: Lessons from Claim and Litigation Studies – af Edward A. Dauer
The Usefulness of Legally Useless Clauses – A Proactive Law and Strategic Perspective – af Hugues Bouthinon-Dumas og Antoine Masson
Iterative Contracts as Proactive Law Instruments – af René Franz Henschel
Selective Distribution – A Proactive Perspective – af Kim Østergaard
Empowering Contracting Parties – Proactive and Dialogic Contracting in Public Procurement – af Soile Pohjonen og Katja Koskelainen