Current Issues in the CISG and Arbitration

Current Issues in the CISG and Arbitration PDF Author: Ingeborg H. Schwenzer
Publisher:
ISBN: 9789462360976
Category : Arbitration and award
Languages : en
Pages : 0

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Book Description
This book is a compilation of proceedings of two conferences on the United Nations Convention on the Contracts for the International Sale of Goods (CISG). The first conference was held at the Istanbul Bilgi University (Turkey) and the second conference on the occasion of the Arbitrators and Mediators Institute of New Zealand meeting in Wellington, New Zealand. Both conferences aimed to provide a better understanding of the CISG, as well as the importance of international dispute resolution. The book allows all readers who are new to the CISG to gain an understanding of the CISG, including its relationship to arbitration. Contributions cover, inter alia, the applicability of the CISG, interpretation and gap filling under the CISG, and the delivery of goods under the CISG. Those who are more familiar with the CISG will find some thought provoking contributions that explore some of the pertinent CISG issues, like interest claims under the CISG, the calculation of damages, and specific performance. (Series: International Commerce and Arbitration [ICA] - Vol. 15)

Current Issues in the CISG and Arbitration

Current Issues in the CISG and Arbitration PDF Author: Ingeborg H. Schwenzer
Publisher:
ISBN: 9789462360976
Category : Arbitration and award
Languages : en
Pages : 0

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Book Description
This book is a compilation of proceedings of two conferences on the United Nations Convention on the Contracts for the International Sale of Goods (CISG). The first conference was held at the Istanbul Bilgi University (Turkey) and the second conference on the occasion of the Arbitrators and Mediators Institute of New Zealand meeting in Wellington, New Zealand. Both conferences aimed to provide a better understanding of the CISG, as well as the importance of international dispute resolution. The book allows all readers who are new to the CISG to gain an understanding of the CISG, including its relationship to arbitration. Contributions cover, inter alia, the applicability of the CISG, interpretation and gap filling under the CISG, and the delivery of goods under the CISG. Those who are more familiar with the CISG will find some thought provoking contributions that explore some of the pertinent CISG issues, like interest claims under the CISG, the calculation of damages, and specific performance. (Series: International Commerce and Arbitration [ICA] - Vol. 15)

Global Sales and Contract Law

Global Sales and Contract Law PDF Author: Ingeborg Schwenzer
Publisher: Oxford University Press, USA
ISBN: 0199572984
Category : Business & Economics
Languages : en
Pages : 1069

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Book Description
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration PDF Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211337938
Category : Political Science
Languages : en
Pages : 0

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Book Description
This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.

International Arbitration and the COVID-19 Revolution

International Arbitration and the COVID-19 Revolution PDF Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314

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Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

International Commercial Arbitration

International Commercial Arbitration PDF Author: Gary B. Born
Publisher: Kluwer Law International B.V.
ISBN: 9041154159
Category : Law
Languages : en
Pages : 5674

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Book Description
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) PDF Author: United Nations Publications
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 354

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Book Description
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

Contracts for the International Sale of Goods

Contracts for the International Sale of Goods PDF Author: Franco Ferrari
Publisher: Martinus Nijhoff Publishers
ISBN: 9004201696
Category : Law
Languages : en
Pages : 292

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Book Description
Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, the volume focuses on the exact determination of the CISG’s sphere of application; both the non-conformity of delivered goods and the notice of non-conformity; and the determination of the rate of interest on sums in arrears.

Practitioner's Guide to the CISG

Practitioner's Guide to the CISG PDF Author: Camilla Baasch Andersen
Publisher: Juris Publishing, Inc.
ISBN: 1933833378
Category : Reference
Languages : en
Pages : 1218

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Book Description
With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.

Damages Under the Convention on Contracts for the International Sale of Goods

Damages Under the Convention on Contracts for the International Sale of Goods PDF Author: Bruno Zeller
Publisher: Oxford University Press
ISBN: 0195371860
Category : Business & Economics
Languages : en
Pages : 288

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Book Description
This work presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG).

International Sales Law

International Sales Law PDF Author: Ingeborg Schwenzer
Publisher: Bloomsbury Publishing
ISBN: 1782250069
Category : Law
Languages : en
Pages : 989

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Book Description
Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the CISG, providing an article-by-article analysis of the Convention. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features a selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. The inclusion of sample questions and answers also makes it particularly helpful for self-study purposes.