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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.
Author: Ingeborg Schwenzer
Publisher: Bloomsbury Publishing
ISBN: 1782250069
Category : Law
Languages : en
Pages : 989
Get Book
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.
Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866537298
Category : Law
Languages : en
Pages : 500
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Book Description
In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.
Author: Clayton P. Gillette
Publisher: Cambridge University Press
ISBN: 1316598535
Category : Law
Languages : en
Pages : 465
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Book Description
Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
Author: Kristen David Adams
Publisher:
ISBN: 9781634255059
Category : Export sales contracts
Languages : en
Pages : 274
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Book Description
"Written for the novice who may be encountering the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the first time or for the seasoned lawyer who is looking for a 'refresher course, ' this practical guide will help practitioners decipher and understand the complexities of this area of law. The authors conducted extensive research, analyzing all of the U.S. cases that have been decided under the CISG, as well as many decisions of international tribunals, as they crafted this valuable, user-friendly guide. Each chapter closes by posing questions built on basic facts in a hypothetical and directs you to portions of the chapter that address each question. The hypothetical is based on two leading CISG cases, as well as facts from a dispute under the UCC. In addition, this guide includes much of the text of the CISG as well as information on: the basics of the CISG, including how CISG concepts might affect a typical international business transaction; the use of common law to interpret the CISG; the purpose of the CISG and basic analysis of its application; opting out of the CISG; contract formation; interpretation of the convention; seller's basic obligations; obligations of the buyer; remedies; and more!"--Unedited summary from book cover.
Author: Peter Huber
Publisher: Walter de Gruyter
ISBN: 386653728X
Category : Law
Languages : en
Pages : 433
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Book Description
"... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041199799
Category : Law
Languages : en
Pages : 982
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Book Description
Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Author: André Janssen
Publisher: Walter de Gruyter
ISBN: 3866537220
Category : Law
Languages : en
Pages : 408
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Book Description
The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.
Author: Pace International Law Review
Publisher: sellier. european law publ.
ISBN: 3866530161
Category : Business & Economics
Languages : en
Pages : 269
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Book Description
The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7
Author: Joseph Lookofsky
Publisher: Kluwer Law International B.V.
ISBN: 9041142096
Category : Law
Languages : en
Pages : 212
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Book Description
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some 85 CISG ‘Contracting States’ already accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who – by default or by express choice – regularly subject their sales contracts to the Convention. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate topic areas such as the following: • determining when the CISG applies; • freedom of contract under Article 6; • interpretation of the Convention and of CISG contracts; • sales contract formation, validity, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96
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.
