International sales law under CISG

the UN Convention on Contracts for the International Sale of Goods (1980) : the first 444 or so decisions

Author: Michael R. Will

Publisher: Faculte de Droit Universite de Geneve

ISBN: N.A

Category: Law

Page: 182

View: 8322

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The International Sale of Goods Revisited

Author: Petar Sarcevic,Petar Šar?evi?,Paul Volken

Publisher: Kluwer Law International B.V.

ISBN: 904111615X

Category: Law

Page: 266

View: 5201

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The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.
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Commentary on the UN Sales Law (CISG)

Author: Christoph Brunner,Benjamin Gottlieb

Publisher: Kluwer Law International B.V.

ISBN: 9041199799

Category: Law

Page: 774

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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.
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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: 5221

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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.
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Twenty Years of International Sales Law Under the CISG

The UN Convention on Contracts for the International Sale of Goods : International Bibliography and Case Law Digest, 1980-2000

Author: Michael R. Will

Publisher: N.A

ISBN: N.A

Category: Business & Economics

Page: 753

View: 9647

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The United Nations Convention on Contracts for the International Sale of Goods (CISG) came into force in 1980 and has been ratified and adopted by over 50 of the world's major trading nations. This landmark Convention has set the tone for the harmonization of international law and by its widespread acceptance spurred progress in the harmonization of laws in other areas. Scholars and practitioners from around the world have written extensively on the development and impact of the CISG while courts and arbitral tribunals have issued opinions and judgements based on articles of the Convention. Because of this growing body of information, a need arose for a reference work that would provide easy access to this subject. For the past 20 years Professor Michael Will has been recognized as compiling the most definitive bibliography of books and articles on the CISG as well as a comprehensive digest of all cases related to the CISG. Now that the Convention for the International Sale of Goods is reaching its twentieth anniversary and the number of writings on the CISG exceeds 2,000 items and case law and arbitral decisions number over 200, the time is opportune to publish Professor Will's important reference work for wider dissemination.
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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: 4812

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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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35 Years Cisg and Beyond

Author: Ingeborg Schwenzer

Publisher: N.A

ISBN: 9789462366244

Category: Law

Page: 382

View: 9479

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This book contains the presentations given at the conference '35 Years CISG and Beyond, ' hosted by the University of Basel, SVIR/SSDI (Swiss Association for International Law) and UNCITRAL (United Nations Commission on International Trade Law) in January 2015. The conference focused on open issues in regard to the CISG's (Contracts for the International Sale of Goods) application and on any possible further harmonization and unification of contract law. The following topics are covered: economic analysis of CISG; the decline of reservations; extending the CISG; CISG, state action, and regionalization; and CISG and fair contract law. Speakers at the conference included the world's leading scholars on the CISG and comparative law, among them the members and rapporteurs of the CISG Advisory Council. Contents include: Part I - Economic Analysis of the CISG [Saving Transaction Costs * Choice of Law in Practice: A Global Empirical Survey] *** Part II - The Decline of Reservations [Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law after 35 Years * Reservations, the Case of the Scandinavian Countries * The Reservation from the Freedom of Form Principle of the CISG: The Case of Russia * The Application of the CISG in International Commercial Arbitration in China] *** Part III - Extending the CISG [Extending the Scope of the 1980 Vienna Convention on the International Sale of Goods to Framework Distribution Contracts * Natural Gas and the CISG * The CISG and Statute of Limitations * Control of Unfair Standard Terms in International Commercial Contracts * CISG and the Default Interest Rate in Arbitration] *** Part IV - CISG, State Action, and Regionalization [Do We Really Need Special Provisions for Business-to-Consumer Sales? * Application of the CISG to International Government Procurement of Goods * OHADA and CISG: Alternatives or Complementary Instruments? * Harmonization in the European Union * Contract Law in Latin America: Building of a 'Latin American' Ius Commune on Contract Law] *** Part V - CISG and Fair Contract Law [The Politics of Fairness in CISG * The CISG: A Secret Weapon in the Fight for a Fairer World? * International Fair Trade: Fair Trade in International Contracts and Ethical Standard * Beyond CISG: Agricultural Production under Contract * The Future of Contract Law Harmonization: A View From Unidroit] *** Librarians: ebook available (Series: International Commerce and Arbitration (ICA) - Vol. 19) [Subject: Trade Law, Commercial Law, Arbitration
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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: 3867

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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 1980 United Nations Convention

Author: John Honnold

Publisher: Kluwer Law International B.V.

ISBN: 9041127534

Category: Law

Page: 713

View: 9982

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În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.
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English Sales Law Vs. Vienna Convention On CISG

Author: Dr. V.V.L.N. Sastry

Publisher: Idea Publishing

ISBN: N.A

Category: Law

Page: 71

View: 7086

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This research provides an analysis of the comparison between the English sales law and the Vienna Convention on Contracts for the International Sale of Goods (CISG). The two laws have different features that explain the preference of commercial merchants towards the use of the English sales law. It is in this context, a secondary study subjected to narrative review into, how do the features of the English sales law compare with the features of the CISG Act, and what competitive advantages and disadvantages do the English sales law and the CISG Act present over each other; and what features distinguish English Sales Law from CISG to make international businesspersons prefer operating under the English sales law to operating under the CISG, will help understand the intricacies that make English sales law a preferred choice. The ambiguity of the CISG is one of the factors that reduces its attractiveness. Uncertainty in the interpretation of CISG is one of the main reasons as to why it is unattractive in facilitating international commercial transactions. In some instances, the courts may issue contradictory interpretations of the law. In addition, CISG is a fragmentary law as opposed to English sales law, which is a comprehensive body of law. The paper also provides a recommendation on how to tackle some of the limitations inherent in CISG. Lastly, the findings of the study aid in improving the understanding of how best businessmen can make use of and work within the boundaries of the legal English Sales Law as well as of the CISG with an aim to bring about growth in businesses.
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