International Sales Law

A Global Challenge

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107782805

Category: Law

Page: N.A

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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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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: 7798

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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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International Sales Law

Contract, Principles & Practice

Author: Larry DiMatteo,André Janssen,Ulrich Magnus,Reiner Schulze

Publisher: Nomos/Hart

ISBN: 9781509905652

Category: Law

Page: 800

View: 7228

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This work represents a systematic and practical analysis of the relevant rules, matter and terminology of international sales law. Written for practitioners as well as researchers and students the manual offers a comprehensive and in-depth overview of the relevant legal international and national regulations, taking into account the practice-relevant topics and the relevant soft law regulations. The international and comparative law character of the work is reflected in the consideration of such international regulations such as the CISG, the Principles of European Private Law (PECL), the Principles of International Commercial Contracts (UNIDROIT principles) and the proposal to create a common European Sales law (GEK) from the year 2011. In addition, an overview of the differences in terms of the purchase option between common law and civil law jurisdictions and between each important national right is offered.
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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: 9400

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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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International Sales Law

Author: Christiana Fountoulakis,Ingeborg Schwenzer,Mariel Dimsey

Publisher: Routledge

ISBN: 1134111541

Category: Law

Page: 664

View: 5312

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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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International Sales Law

A Problem-oriented Coursebook

Author: John A. Spanogle,Peter Winship

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 332

View: 8058

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Designed for a two-credit-hour course, the materials present a systematic examination of the difficult issues that can arise out of international sales transactions. In addition to analyzing usual litigation situations, the materials also present issues concerning lawyers as problem-solvers who plan and structure transactions in order to allocate risks and avoid litigation. U.S. and foreign CISG cases are set forth. The book presents copyrighted CLOUT and UNILEX abstracts that are reprinted with permission. Since CISG is a composite of both civil law and common law concepts, also included are readings that explain these civil law concepts where they arise in CISG.
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International Sales Law and Arbitration

Problems, Cases and Commentary

Author: Joseph F. Morrissey,Jack M. Graves

Publisher: Kluwer Law International B.V.

ISBN: 9041126546

Category: Law

Page: 500

View: 8020

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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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The Law of Damages in International Sales

The CISG and other International Instruments

Author: Djakhongir Saidov

Publisher: Bloomsbury Publishing

ISBN: 1847314597

Category: Law

Page: 322

View: 8043

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The book aims to explore 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 in the book 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 and 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, the book attempts to provide 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. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.
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