CISG Methodology


Author: Andre Janssen,Olaf Meyer
Publisher: sellier. european law publ.
ISBN: 3866530706
Category: Law
Page: 395
View: 6996
DOWNLOAD NOW »
The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member 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 while the number of Member 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 analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.

The CISG

A new textbook for students and practitioners
Author: Peter Huber,Alastair Mullis
Publisher: Walter de Gruyter
ISBN: 386653728X
Category: Law
Page: 432
View: 1515
DOWNLOAD NOW »
"... 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

Review of the Convention on Contracts for the International Sale of Goods (CISG)

2004-2005
Author: Pace International Law Review
Publisher: sellier. european law publ.
ISBN: 3935808860
Category: Law
Page: 321
View: 3327
DOWNLOAD NOW »
The Review of the Convention on Contracts for the International Sale of Goods (CISG) is published yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly 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 both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. This 2004-2005 volume includes articles such as: Claiming Damages in Export Trade on Recent Developments of Uniform Law; Article 74 of the United States Convention on Contracts for the International Sale of Goods; Brown & Root Services v. Aerotech Herman Nelson: The Continuing Plight of the U.N. Sales Convention in Canada; and Causation in Damages: The Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law.

Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003


Author: Michael Maggi
Publisher: Kluwer Law International B.V.
ISBN: 9041122761
Category: Law
Page: 333
View: 6856
DOWNLOAD NOW »
Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Force Majeure and Hardship Under General Contract Principles

Exemption for Non-performance in International Arbitration
Author: Christoph Brunner
Publisher: Kluwer Law International B.V.
ISBN: 9041127925
Category: Law
Page: 589
View: 5430
DOWNLOAD NOW »
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

CISG vs. Regional Sales Law Unification

With a Focus on the New Common European Sales Law
Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539665
Category: Law
Page: 247
View: 7237
DOWNLOAD NOW »
In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

The CISG and its Impact on National Legal Systems


Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866537298
Category: Law
Page: 499
View: 7199
DOWNLOAD NOW »
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.

CISG and the Unification of International Trade Law


Author: Bruno Zeller
Publisher: Routledge
ISBN: 113539055X
Category: Business & Economics
Page: 128
View: 2694
DOWNLOAD NOW »
Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws. Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

Uniformity in the Application of CISG Provisions

A Case Analysis on Selected Issues
Author: Daniel Fritz
Publisher: diplom.de
ISBN: 3836632764
Category: Business & Economics
Page: 59
View: 7515
DOWNLOAD NOW »
Inhaltsangabe:Introduction: Problems facing cross-border transactions and possible solutions: The main prerogative for the international trader is to implement the business transaction as conveniently and quickly as possible. Besides choosing reliable business partners, a governing body of law that facilitates the transaction successfully is required. International business transactions are rarely conducted under a tailor-made law and are therefore dependent on the law that governs the transaction in terms of the rules of private international law. Determining the applicable law of the contract is one of the major problems facing a cross-border transaction. One way in which this question can be addressed is by means of the rules of private international law. Yet, these rules are rather complex and often subject to uncertainties. Even unification of the rules of private international law is unlikely to serve the needs of modern international business. If the proper law is determined, at least one of the parties to the transaction will be faced with an unknown body of rules. This party is forced to act in alien surroundings under a law with which it is unfamiliar. An alternative, is to unify law on the domestic level. This would avoid the difficulties in applying the rules of international private law. However, to harmonise domestic law on world wide basis is a matter of impossibility. Some divergences based on settled legal traditions are irreconcilable. Furthermore, there is the obstacle that a harmonised law may affect the concepts of another area of law. For example the issue of sales law affects the issue of transfer of property an area of law with fundamentally varying concepts. The adoption of uniform sales law at the international level represents a third approach. These rules only apply to a particular range of sales transactions and therefore do not compel a State to abandon all of its own legal traditions. The UN Convention on Contracts for the International Sale of Goods has established a uniform international law of this character. The overall goal of the CISG is to harmonise domestic laws for international sales transactions. A precondition for this goal is the achievement of uniformity. The achievement of uniformity comprises a two-fold process. The mere adoption of the Convention is the first step towards the ultimate aim of achieving the broadest degree of uniformity in the law of international sales. The second step is the [...]

UN Convention on Contracts for the International Sale of Goods (CISG)

Commentary
Author: Stefan Kröll,Loukas Mistelis,Pilar Perales Viscasillas
Publisher: N.A
ISBN: 9783848724925
Category:
Page: 1314
View: 2458
DOWNLOAD NOW »


Interest Under CISG and Al Shari'a: Problems with the Enforceability of Article 78 of the CISG in Arab

Islamic Banking /International Trade Law
Author: Nora Dawud
Publisher: epubli
ISBN: 3844282033
Category: Law
Page: 44
View: 1626
DOWNLOAD NOW »
Islamic Banking, CISG, International Trade Law

Practitioner's Guide to the CISG


Author: Camilla Baasch Andersen,Bruno Zeller
Publisher: Juris Publishing, Inc.
ISBN: 1933833378
Category: Reference
Page: 1218
View: 963
DOWNLOAD NOW »
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.

UN Law on International Sales

The UN Convention on the International Sale of Goods
Author: Peter Schlechtriem,Petra Butler
Publisher: Springer Science & Business Media
ISBN: 9783540499923
Category: Law
Page: 352
View: 8309
DOWNLOAD NOW »
This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.

International Sales Law

A Critical Analysis of CISG Jurisprudence
Author: Larry A. DiMatteo,Lucien Dhooge,Stephanie Greene,Virginia Maurer,Marisa Pagnattaro
Publisher: Cambridge University Press
ISBN: 9780521849807
Category: Business & Economics
Page: 241
View: 9342
DOWNLOAD NOW »
This book assesses the state of international sales law and the provisions of the CISG.

International Sales Law

A Guide to the CISG
Author: Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey
Publisher: Bloomsbury Publishing
ISBN: 1782250069
Category: Law
Page: 842
View: 7659
DOWNLOAD NOW »
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.

Review of the Convention on Contracts for the International Sale of Goods (CISG)

2005-2006
Author: Pace International Law Review
Publisher: sellier. european law publ.
ISBN: 3866530161
Category: Law
Page: 260
View: 6800
DOWNLOAD NOW »
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

(Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods

A Uniform Concept?
Author: Sonja Kruisinga
Publisher: Intersentia nv
ISBN: 9050953638
Category: Law
Page: 299
View: 2069
DOWNLOAD NOW »
The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.

The Law of Damages in International Sales

The CISG and Other International Instruments
Author: Djakhongir Saidov
Publisher: Hart Pub Limited
ISBN: N.A
Category: Law
Page: 294
View: 5705
DOWNLOAD NOW »
This in-depth study explores the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed include: the basis for the right to claim damages . definition and purpose of damages . the idea of limiting damages . principles underlying the award of damages . classification of losses and heads of recoverable losses . causation . foreseeability . mitigation . standards of proving losses . methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages, as well as on the body of cases and scholarly writings on the international instruments. In doing so, it provides a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. There is no book on the market that deals, in such detail, with damages in the international context. It will be of interest to practitioners involved in international commercial transactions, and scholars and students interested in international commercial and comparative contract law.

Remedies in International Sales

Perspectives from CISG, UNIDROIT Principles and PECL
Author: Chengwei Liu,Marie Stefanini Newman
Publisher: Juris Publishing, Inc.
ISBN: 1933833017
Category: Business & Economics
Page: 825
View: 9508
DOWNLOAD NOW »
"This is the first text that compares remedies for non-performance of international sales contracts from the perspectives of the United Nations Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles, the Principles of European Contract Law, and case law from courts and arbitral tribunals of many countries. It includes extensive discussion of arbitral awards from China, which is home to the busiest arbitral tribunals in the world. In gathering together these materials, Mr. Liu's text promotes uniformity in the application of international sales law."--Publisher's website.