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Book Uniform Application of the International Sales Law

Download or read book Uniform Application of the International Sales Law written by Camilla Baasch Andersen and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is perhaps the most widely-used standard in the area of international sales law. Yet commercial lawyers often struggle to understand its uniformity across different legal systems, and as a result often fail to apply the Convention to its full potential. Here at last is a clear, focused exposition of CISG cases and scholarship, highlighting what has been done and what can be done with this remarkable and versatile legal instrument. With in-depth analysis of CISG case law and scholarship reflecting a variety of legal systemsand—as well as detailed commentary on the text of the Convention itselfand—the author demonstrates the considerable value of the global use of CISG precedents. Among the many factors she analyses are the following: and• the idea of the and“jurisconsultoriumand” as the heart of a new discipline of uniform law; and• interpretational challenges; and• parallels of precedents between the UCC and the CISG; and• availability and weighting of precedent sources; and• congruency issues in the scholarly jurisconsultorium; and• multilingual issues; and• undue influence of domestic law; and and• legal classification of various types of and“goods.and” The book concludes with a careful study of CISG case law in the significant areas of examination and notification, provisions of crucial importance in disputes involving allegation of defective goods. All commercial lawyers, judges, and arbitrators, regardless of their legal training and the legal system of their origin, are bound to benefit from the wider base of judgements to which the idea of the jurisconsultorium leads. Judges and arbitrators in particular will find in this book greatly enhanced guidance enabling them to make and support difficult decisions.

Book Uniform Law for International Sales

Download or read book Uniform Law for International Sales written by John Honnold and published by Springer. This book was released on 1991-05-28 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a comprehensive commentary on the history, analysis & interpretation of the Bilateral Investment Treaties (BITs). These treaties are intended to protect U.S. investment in foreign countries. Although the initial target of the BITs was to develop countries in the third world, the opening of Eastern Europe has led to BIT negotiations in that region as well. United States Investment Treaties: Policy & Practice analyzes the policies underlying the BIT program; describes how the BIT program differs from prior U.S. practice with respect to foreign investment protection; explains the intent of specific provisions in the various model negotiations texts; assesses the extent to which the negotiations of the individual signed BITs resulted in a substantive modification of provisions of the model negotiating texts & thus a departure from the intent of the drafters. This book deals with a topic of increasing interest to businesses with operations in foreign countries & to attorneys advising these companies.

Book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods  1980  as Uniform Sales Law

Download or read book An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods 1980 as Uniform Sales Law written by John Felemegas and published by Cambridge University Press. This book was released on 2013-09-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book International Sales Law

    Book Details:
  • Author : Ingeborg Schwenzer
  • Publisher : Bloomsbury Publishing
  • Release : 2012-10-26
  • ISBN : 1782250069
  • Pages : 989 pages

Download or read book International Sales Law written by Ingeborg Schwenzer and published by Bloomsbury Publishing. This book was released on 2012-10-26 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Review of the Convention on Contracts for the International Sale of Goods  CISG

Download or read book Review of the Convention on Contracts for the International Sale of Goods CISG written by Pace International Law Review and published by sellier. european law publ.. This book was released on 2007 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book International Arbitration and International Commercial Law

Download or read book International Arbitration and International Commercial Law written by Eric E. Bergsten and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

Book Uniform Law for International Sales Under the 1980 United Nations Convention

Download or read book Uniform Law for International Sales Under the 1980 United Nations Convention written by John Honnold and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book CISG Basics

Download or read book CISG Basics written by Kristen David Adams and published by . This book was released on 2016 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Written for the novice who may be encountering the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the first time or for the seasoned lawyer who is looking for a 'refresher course, ' this practical guide will help practitioners decipher and understand the complexities of this area of law. The authors conducted extensive research, analyzing all of the U.S. cases that have been decided under the CISG, as well as many decisions of international tribunals, as they crafted this valuable, user-friendly guide. Each chapter closes by posing questions built on basic facts in a hypothetical and directs you to portions of the chapter that address each question. The hypothetical is based on two leading CISG cases, as well as facts from a dispute under the UCC. In addition, this guide includes much of the text of the CISG as well as information on: the basics of the CISG, including how CISG concepts might affect a typical international business transaction; the use of common law to interpret the CISG; the purpose of the CISG and basic analysis of its application; opting out of the CISG; contract formation; interpretation of the convention; seller's basic obligations; obligations of the buyer; remedies; and more!"--Unedited summary from book cover.

Book CISG Exclusion and Legal Efficiency

Download or read book CISG Exclusion and Legal Efficiency written by Lisa Spagnolo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rationale behind the Vienna Convention on Contracts for the International Sale of Goods (CISG) is that a uniform sales law will lead to improved efficiency of cross-border sales and promote international trade. However, although it continues to attract new Member States and now applies to more than 80% of global trade, commercial parties often exclude the CISG, questioning it as a desirable choice of law.

Book International Sales Law

    Book Details:
  • Author : Larry A. DiMatteo
  • Publisher : Cambridge University Press
  • Release : 2014-02-17
  • ISBN : 1107782805
  • Pages : 805 pages

Download or read book International Sales Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2014-02-17 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Convention for the International Sale of Goods

Download or read book The Convention for the International Sale of Goods written by Daniel Barstow Magraw and published by American Bar Association. This book was released on 1990 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Uniformity in the Application of the CISG

Download or read book Uniformity in the Application of the CISG written by Boris Praštalo and published by Kluwer Law International B.V.. This book was released on 2020-04-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than ninety countries are now parties to the United Nations Convention on Contracts for the International Sale of Goods (CISG) recognised as the pre-eminent legislative achievement aimed at harmonising commercial law on a global scale but uniformity in the treaty’s application remains unsettled and controversial. This book, in addition to offering a detailed assessment of tools designed to promote such uniformity, draws on issues raised during over thirty years of case law from all over the world and from other CISG-related materials to clearly delineate a path to more uniform application. The practical implications to be found in this book emerge from deeply informed discussion of such issues and topics as the following: causes of non-uniformity, whether based on overall scope or on particular CISG provisions; detrimental effect of non-uniformity on both the legal and economic benefits provided by the CISG; effectiveness of implemented tools to combat non-uniform application; problems arising from trading imbalances between developed and developing countries; and proposed efforts to promote uniform application. Drawing on its many sources, the analysis concludes with recommendations and observations about how to improve the organisation and mode of operation of existing and proposed tools. Legal practitioners, judges and arbitrators called upon to argue under or apply the CISG, as well as all those with an interest in international commercial law, will greatly appreciate the book’s incisive guidance in navigating the issue of uniformity in the application of the treaty. By extension, as a comparative analysis, the book will be of informative value for jurists and policymakers interested in what can be done to heighten the level of uniformity in the application of any international convention.

Book CISG Methodology

    Book Details:
  • Author : André Janssen
  • Publisher : Walter de Gruyter
  • Release : 2009-04-27
  • ISBN : 3866537220
  • Pages : 408 pages

Download or read book CISG Methodology written by André Janssen and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Business Law I Essentials

    Book Details:
  • Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
  • Publisher :
  • Release : 2019-09-27
  • ISBN : 9781680923025
  • Pages : 180 pages

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Book UN Law on International Sales

    Book Details:
  • Author : Peter Schlechtriem
  • Publisher : Springer Science & Business Media
  • Release : 2008-10-17
  • ISBN : 354049992X
  • Pages : 399 pages

Download or read book UN Law on International Sales written by Peter Schlechtriem and published by Springer Science & Business Media. This book was released on 2008-10-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

Download or read book An International Restatement of Contract Law The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.