The UN Convention on Contracts for the International Sale of Goods

Theory and Practice

Author: Clayton P. Gillette,Steven D. Walt

Publisher: Cambridge University Press

ISBN: 1316598535

Category: Law

Page: N.A

View: 1916

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.
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Contracts for the International Sale of Goods

Applicability and Applications of the 1980 United Nations Convention

Author: Franco Ferrari

Publisher: Martinus Nijhoff Publishers

ISBN: 900420170X

Category: Law

Page: 292

View: 8266

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.
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International Sales Law

A Global Challenge

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107782805

Category: Law

Page: N.A

View: 6054

This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
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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: 472

"... 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
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CISG Methodology

Author: André Janssen,Olaf Meyer

Publisher: Walter de Gruyter

ISBN: 3866537220

Category: Law

Page: 407

View: 7656

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.
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The International Sale of Goods

Author: Michael Bridge

Publisher: Oxford University Press, USA

ISBN: 9780198792703

Category: Law

Page: 960

View: 1088

The fourth edition of this text on all aspects of international trade law has been updated to incorporate and analyse the major recent developments, both in English law and contracts under the United Nations Convention on Contracts for the International Sale of Goods (CISG). As well as contract law, the book also covers property matters and addresses those issues which arise from the use of documents of title, such as marine bills of lading. There is extensive treatment of the rights and duties of both the buyer and the seller, and sale contracts are considered alongside other contracts such as charter parties and letter of credit contracts. The CISG material has been significantly developed in this fourth edition and there is more extensive treatment of such matters as remedies, passing of property, standard form contracts, and the international dealing of commodities.
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Contracts

Cases, Discussion and Problems

Author: Brian A. Blum,Amy C. Bushaw

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887141

Category: Law

Page: 1072

View: 5735

Contracts: Cases, Discussion, and Problems, Fourth Edition is known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. The cases are set in context by extensive author-written explanatory text. Insightful questions draw attention to difficult and crucial aspects of the law and prompt vigorous class discussion. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook’s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for the course. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text’s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.
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International Sales Law and Arbitration

Problems, Cases and Commentary

Author: Joseph F. Morrissey,Jack M. Graves

Publisher: Kluwer Law International

ISBN: 9041126546

Category: Law

Page: 500

View: 5282

In this global market, where an arbitration agreement is increasingly a part of every international sales agreement, The value of an integrated approach to teaching;at the intersection of substantive contract law and dispute resolution;is immediately evident. Morissey and Graves powerfully demonstrate both how a lawyer drafts an international sales contract and how the transactional and arbitral provisions interact if the ;deal&; does not go as anticipated. Timely and succinct (at 528 pages), International Sales Law and Arbitration offers: an integrated approach that combines substantive contract law and dispute resolution balanced coverage of how a lawyer drafts an international sales contract and how the transactional and arbitral provisions and arbitral provisions interact if the ;deal; does not go as anticipated hypothetical and actual cases, As well as arbitral decisions (with detailed commentary) that illustrate applications of the CISG, The UNCITRAL Model Law And The New York Convention problems and questions that provide students with opportunities to apply the law, and to elucidate the policies underlying the various approaches taken by the prevailing laws Logically organized in three parts;an overview of international commercial law, CISG, and dispute resolution ; International Sales Law and Arbitration: Problems, Cases, and Commentary also provides important reference material, such as the UNCITAL Model Law Jurisdictions and Sources of Contracting Parties; Rights and Obligations, In a generous four-part Appendices. For a sensible and cutting-edge view of international sales law, take a look at this groundbreaking new casebook by Morrissey and Graves.
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Essentials of Contract Law

Author: Martin A. Frey

Publisher: Cengage Learning

ISBN: 1305544803

Category: Law

Page: 384

View: 2485

An ideal guide for the paralegal student, ESSENTIALS OF CONTRACT LAW, Second Edition presents the law of contracts in an understandable and organized manner. The book's effective road map approach to contracts helps students learn about contract formation, determining the applicable law, unenforceable contracts and breach of contract. In this edition, the author also separately addresses the impact of Article 2 of the UCC, federal preemption, and the UN's Convention on the International Sale of Goods (CISG). Cutting through excess verbiage and outdated doctrine, the book develops each rule of law by presenting theory, illustrating it with an example, and providing a problem to give readers hands-on practice. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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International Sales Law

Author: Christiana Fountoulakis,Ingeborg Schwenzer,Mariel Dimsey

Publisher: Routledge

ISBN: 113411155X

Category: Business & Economics

Page: 664

View: 7171

Written for international trade lawyers, practitioners and students from common law and civil law countries, this casebook will help practitioners and students assimilate knowledge on the CISG. The cases, texts and questions aid readers in their comparative law and international sales law studies, drawing attention to the particular issues surrounding specific CISG provisions and provoking careful consideration of possible solutions. In addition to this book’s function as a didactical aid, it is a reference work for leading cases and an introduction to the individual problem areas. In particular, it acts as a preparatory and complementary work for the Willem C. Vis International Commercial Arbitration Moot.
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Global Sales and Contract Law

Author: Ingeborg Schwenzer,Pascal Hachem,Christopher Kee

Publisher: Oxford University Press

ISBN: 0199572984

Category: Law

Page: 873

View: 550

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
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Uniform Law for International Sales Under the Nineteen Eighty United Nations Convention

Author: John Honnold

Publisher: Kluwer Law International

ISBN: 9041106480

Category: Law

Page: 608

View: 9536

Uniform law for the international sale of goods is now in force in each continent and used by over fifty of the world's major trading nations. the United Nations Convention on Contracts for the International Sale of Goods (CISG) is widely recognized as a landmark effort to harmonize laws governing international transactions. More than a decade after its initial implementation and widespread use in thousands of contracts, tribunals in jurisdictions around the world are reviewing articles of the Convention and citing them in both judicial and arbitral cases. Professor John Honnold, renowned scholar of commercial law, former Chief of the UN International Law Branch and Secretary of the UN Commission on International Trade Law, led the work of drafting and adopting the 1980 Convention on the International Sale of Goods. the previous two editions of Professor Honnold's Uniform Law for International Sales have been appreciated by their many users for his pragmatic and concrete approach to the Convention, and recognized as essential commentaries for anyone seeking to understand the jurisprudence that went into its creation and implementation. with the publication of the third edition of Uniform Law for International Sales, Professor Honnold is once again providing tribunals, practitioners, and scholars with invaluable insights into the meaning of each Article of the Convention. As in previous editions, the author offers concrete examples to illustrate practical applications of the Convention, but now he also cites the hundreds of decisions that apply to the Convention. Many of these decisions will influence the promotion of uniformity among countries that have adopted the Convention, encourage the settlement of disputes, and create a consensus for change when application of the Convention seems questionable. The UN Convention on Contracts of the International Sales of Goods has changed the way international sales contracts are drafted and any resulting disputes settled. Professor Honnold's Uniform Law for International Sales, 3rd Edition provides the necessary insight and practical analysis for all those seeking a comprehensive examination of this most important Convention.
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The Legal and Ethical Environment of Business

Author: Gerald R. Ferrera,Mystica M. Alexander,William P. Wiggins,Cheryl Kirschner,Jonathan J. Darrow

Publisher: Wolters Kluwer Law & Business

ISBN: 1454897686

Category: Law

Page: 804

View: 5935

Focusing on ethics in every aspect of the business environment, The Legal and Ethical Environment of Business, Second Edition by Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner and Jonathan Darrow, prepares students to work within current industry norms, practices, and legislation. Ethics coverage is integrated throughout the book and featured in nearly every chapter. Ethical theory is interwoven with practical applications using several novel pedagogical tools developed to promote focused, thoughtful inquiry and to highlight the interplay of ethics and law. The book also meets the needs of students who will be facing an increasingly international business environment. Integrated coverage of international issues goes beyond comparative law topics and includes substantial coverage of central topics in international business law, such as, bribery and the Foreign Corrupt Practices Act, key provisions of the Convention on Contracts for the International Sales of Goods, and a comparison of the Uniform Commercial Code and the UN Convention on Contracts for the International Sale of Goods. Key Features: Excellent, pragmatic discussion of business organization implications and legal aspects of expanding a U.S. business internationally Crisp, thorough coverage of the Foreign Corrupt Practices Act, with contextual material on corruption effects on society and business, as well as explanation of the law and examples Readable, concise explanation of financing international business transactions, including overview of international debtor-creditor issues, risks specific to international transactions and description of the Letter of Credit process
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Business and Global Governance

Author: Morten Ougaard,Anna Leander

Publisher: Routledge

ISBN: 1136961135

Category: Business & Economics

Page: 288

View: 5892

Over the past two decades, the role of business in global governance has become increasingly topical. Transnational business associations are progressively more visible in international policy debates and in intergovernmental institutions, and there is a heightened attention given to global policy-making in national and international business communities. This text examines and explains the multiple modes of engagement between business and global governance; it presents a variety of theoretical approaches which can be used to analyse them, along with empirical illustrations. Featuring a range of leading US and European scholars, it is divided into three parts that summarize different modes of engagement. Each section is illustrated by two or three studies that represent a distinct theoretical take on the issue with empirical illustrations. The book examines: Business as master and purpose of global governance Business as subject and opponent to global governance Business as partner and facilitator of global governance This book will be of interest to students and scholars of Business Studies, International Relations, International Politics and International Political Economy, as well as for practitioners – in the public and private sector.
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An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law

Author: John Felemegas

Publisher: Cambridge University Press

ISBN: 1139462954

Category: Law

Page: N.A

View: 7278

In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
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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: 9747

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.
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Sanctity of contracts revisited

a study in the theory and practice of long-term international commercial transactions

Author: Nagla Nassar

Publisher: Kluwer Law Intl

ISBN: N.A

Category: Business & Economics

Page: 297

View: 5257

This work contributes To The theory and practice of long-term international commercial transactions ('LTICTs'). Such transactions are becoming more of the norm than the exception in the sphere of international trade, since they are the most appropriate tool for meeting the demands of an ever-increasing sophistication in prevailing technology and financial techniques. They mobilize financial, operational and manpower capacities which are beyond the means of any single enterprise. it is this enormous increase in the use of LTICTs that makes a study of their conceptual basis one of significant importance and interest. This work explores the conceptual basis of these contracts, and analyzes international arbitral practice involving LTICTs in pursuit of defining the nature and content of such transactions. This work will appeal to practitioners and theorists interested in arbitration, providing them with a coherent structure of the theory and practice relating To The performance of LTICTs.
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