Understanding the CISG in the USA

a compact guide to the 1980 United Nations Convention on Contracts for the International Sale of Goods


Author: Joseph M. Lookofsky

Publisher: N.A


Category: Law

Page: 171

View: 693

More than 60 countries, accounting for more than two-thirds of all world trade, have ratified the Convention on Contracts For The International Sale of Goods (CISG). Through a comparison and contrast with domestic law, The authors explain the CISG in terms familiar to European jurists. Because the CISG treaty demands an international interpretation, The authors draw heavily upon a broad base of CISG decisions, arbitral awards and doctrine from around the world. This completely revised and expanded Second Edition includes an account of the most significant CISG decisions reported during recent years. Concrete examples are provided throughout. The English language text will help European jurists to better communicate about CISG problems across language barriers.

Understanding the CISG

A Compact Guide to the 1980 United Nations Convention on Contracts for the International Sale of Goods


Author: Joseph M. Lookofsky

Publisher: Djoef Publishing

ISBN: 9788757434255

Category: Export sales contracts

Page: 263

View: 2020

Appendix IV. Table of Authorities and Abbreviations -- Appendix V. Table of CISG Provisions -- Index

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: 9646

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.

An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts

3rd Edition


Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

ISBN: 900419469X

Category: Law

Page: 708

View: 3938

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Choice of Law


Author: Symeon C. Symeonides

Publisher: Oxford University Press

ISBN: 019049672X

Category: Conflict of laws

Page: 840

View: 3811

Choice of Law provides an in-depth study of private international law (PIL) as it pertains to the United States. In this book, Symeon C. Symeonides focuses entirely on Choice of Law pertaining to the question of whether the merits of the dispute will be resolved under the substantive law of the state of adjudication (lex fori), or under the law of another involved state. Structured in three parts, this book discusses the Federal framework, history, doctrine, methodology, and the practice of choice of law. The author begins with the history of choice-of-law doctrine and follows its subsequent evolution to the present. He then moves on to methodology, and extensively explores the case law of the last fifty years, covering what courts say, and especially what they do. Symeonides goes on to identify emerging decisional patterns and extracts descriptive rules or tentative predictions about likely outcomes.

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


Author: Cornell International Law Journal,Pace International Law Review,Cornell International Law Journal Staff

Publisher: N.A


Category: United Nations Convention on Contracts for the International Sale of Goods

Page: 305

View: 7409

This new yearbook is the first annual compendium of articles and materials covering all aspects of one of the most significant developments in the harmonization of worldwide trade law. Articles by leading scholars as well as experienced practitioners examine the implications for international commerce produced by the United Nations Convention on Contracts For The International Sale of Foods (CISG). Research on and awareness of this landmark Convention, now adopted by all major trading nations, Is essential for all legal scholars, students, and practitioners. The 1995 edition contains substantive articles, research articles, An extensive bibliography on current CISG case law, and book reviews. The Review of the Convention For The International Sale of Goods (CISG) will be an important resource for all legal collections.



Author: Michael Joachim Bonell,Centre for Comparative and Foreign Law Studies

Publisher: Transnational Pub Incorporated


Category: Law

Page: 3

View: 5771

Global Sales and Contract Law


Author: Ingeborg Schwenzer,Pascal Hachem,Christopher Kee

Publisher: Oxford University Press

ISBN: 0199572984

Category: Law

Page: 873

View: 6198

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.


A new textbook for students and practitioners


Author: Peter Huber,Alastair Mullis

Publisher: Walter de Gruyter

ISBN: 386653728X

Category: Law

Page: 432

View: 4652

"... 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

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: 1855

This book assesses the state of international sales law and the provisions of the CISG.

The Draft UNCITRAL Digest and Beyond

Cases, Analysis and Unresolved Issues in the U.N. Sales Convention


Author: Franco Ferrari,Harry Flechtner,Ronald A. Brand

Publisher: Walter de Gruyter

ISBN: 3866537301

Category: Law

Page: 885

View: 1563

“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.

(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: 2691

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.

Law of Electronic Commercial Transactions

Contemporary Issues in the EU, US and China


Author: Faye Fangfei Wang

Publisher: Routledge

ISBN: 1135272387

Category: Law

Page: 270

View: 527

The exponential growth of electronic usage in global commercial transactions has generated potential opportunities in productivity, facilitated the cross-border free movement of goods and service, and stimulated export and import trade as well as domestic sale, but at the same time, it has led to new challenges to existing laws due to the unique characteristics and complexities of online technology, culture and social behaviours. This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. It encourages modernisation and harmonisation of laws concerning electronic commercial transactions through well-balanced area-specific international instruments. Law of Electronic Commercial Transactions will be of great interest to academics, legislative organisations, practitioners and lawyers in the field of international commerce.

Convention on Contracts for the International Sales of Goods (CISG)


Author: Joseph Lookofsky

Publisher: Kluwer Law International

ISBN: 9789041185471

Category: Law

Page: 250

View: 7112

The second edition of this IEL monograph takes account of the latest scholarly commentary as well as key CISG case law worldwide. The Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The current list of some 85 contracting states 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 regularly subject their sales contracts to the Convention regime. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. With this monograph as their guide, lawyers and scholars who deal with international sales contracts and sales contract disputes will obtain an excellent overview of the Convention.0.

The Responsibilities of Online Service Providers


Author: Mariarosaria Taddeo,Luciano Floridi

Publisher: Springer

ISBN: 3319478524

Category: Law

Page: 347

View: 8662

This volume focuses on the responsibilities of online service providers (OSPs) in contemporary societies. It examines the complexity and global dimensions of the rapidly evolving and serious challenges posed by the exponential development of Internet services and resources. It looks at the major actors – such as Facebook, Google, Twitter, and Yahoo! – and their significant influence on the informational environment and users’ interactions within it, as well as the responsibilities and liabilities such influence entails. It discusses the position of OSPs as information gatekeepers and how they have gone from offering connecting and information-sharing services to paying members to providing open, free infrastructure and applications that facilitate digital expression and the communication of information. The book seeks consensus on the principles that should shape OSPs’ responsibilities and practices, taking into account business ethics and policies. Finally, it discusses the rights of users and international regulations that are in place or currently lacking.