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Author: Franco Ferrari Publisher: sellier. european law publ. ISBN: 3935808143 Category : Business & Economics Languages : en Pages : 885
Book Description
The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention, will be one of the most useful single volumes available on the United Nations Convention on Contracts for the International Sale of Goods (CISG). It will include 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, it will also include commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1,000 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 five experts chosen to prepare case reviews for the UNCITRAL Digest, and the CISG articles their portions of the Digest will cover, are: Franco Ferrari, Verona University, Italy (Articles 1-13, 78) Peter Winship, Southern Methodist University (Articles 14-24, 66-77) Ulrich Magnus, University of Hamburg, Germany (Articles 25-34, 45-52) Harry Flechtner, University of Pittsburgh (Articles 35-44, 79-88) Claude Witz, University of the Saarland, Germany (Articles 53-65) The appearance of the UNCITRAL Digest (likely to occur sometime in 2004) is expected to revolutionize the understanding and practice of international sales law. It will, however, only catalogue the existing cases and their interpretations of the CISG. It will not contain critical analysis of the decisions, or coverage of important issues not yet covered in the reported decisions. The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention will be availble in Oktober 2003, and will include the draft UNCITRAL Digest, even before it is released officially by UNCITRAL. It will also go 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 will 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 will analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, The Digest and Beyond will provide 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. Each chapter by a Digest author will be followed by commentary written by two other distinguished CISG scholars on important topics dealt with in that part of the Digest. These commentary authors round out a who¿s who of CISG experts from around the world. They are: Joseph Lookofsky, University of Copenhagen, Denmark Michael Bridge, University College, London, UK Maria del Pilar Perales Viscasillas, Carlos III University, Madrid, Spain Johan Erauw, University of Ghent, Belgium Henry Gabriel, Loyala University, New Orleans Alejandro Garro, Columbia University Paul Volken, University of Fribourg, Switzerland Ronald A. Brand, University of Pittsburgh Filip De Ly, Erasmus University, Rotterdam, Netherlands Petar ¿arcevic, University of Rijeka, Croatia John E. Murray, Jr., Chancellor, Duquesne University, Pittsburgh We further anticipate that an introduction will be written by Jernej Sekolec, Secretary of UNCITRAL, and a concluding chapter by Harold Burman of the Office of Private International Law of the U.S. Department of State.
Author: Franco Ferrari Publisher: Walter de Gruyter ISBN: 3866537301 Category : Law Languages : en Pages : 891
Book Description
“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.
Author: United Nations Commission on International Trade Law Publisher: ISBN: 9789211337938 Category : Political Science Languages : en Pages : 0
Book Description
This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Author: Harry M. Flechtner Publisher: Cile Studies ISBN: 9780195340747 Category : Law Languages : en Pages : 0
Book Description
The CISG is the United Nations Convention on Contracts for the International Sale of Goods; a treaty ratified by about 70 countries that provides a uniform international sales law. The occasion of the CISG's 25th anniversary signals something extremely significant in the world of international commercial law: the true coming of age of the CISG, as evidenced by (and as a result of) several thousand available court and arbitration decisions world-wide applying the CISG. To celebrate this occasion, a conference was organized by the University of Pittsburgh's Center for International Legal Education and the United Nations Commission on International Trade Law (UNCITRAL). Drafting Contracts Under the CISG is a collaborative and important result of that conference. This publication brings together the intellectually sophisticated yet extremely practical and original contributions written by leading CISG scholars from around the globe and practitioners experienced in dealing with the CISG. Included are 140 sample clauses, a complete model sales agreement, and contextual analysis of contract drafting issues. The CISG is a new reality and is very relevant to US attorneys at the planning and negotiation stages of a sales transaction. It is increasingly the case that a lawyer in the US, or virtually anywhere else, cannot adequately serve a client's needs without knowledge of and skill in using the Convention to help, for example, prevent transactions from aborting over choice of law conflicts, and to offer alternatives that can resolve bargaining impasses. International commercial lawyers will find sample clauses dealing with major contract issues under the CISG, including: - opting into the CISG while providing an appropriate gap-filling source of law - passage of risk of loss - right to inspection of goods - force majeure - warranties and warranty disclaimers - limitations on remedies - choice of forum - pre-contractual relationships and prior communications - confidentiality of negotiations - retention of the power of revocation of an offer - strict time limits for acceptance of an offer - the "battle of the forms" - the law governing contract validity - parole evidence - party rights upon breach - notice requirements to preserve rights - notice of avoidance - entitlement to interest - specific performance versus damages - buyer's right to substitute goods
Author: Peter Huber Publisher: Walter de Gruyter ISBN: 386653728X Category : Law Languages : en Pages : 433
Book Description
"... 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
Author: Graeme Baber Publisher: Cambridge Scholars Publishing ISBN: 144386093X Category : Law Languages : en Pages : 465
Book Description
This book contains ten writings on different aspects of international law, each of them cross-referenced, in instances in which information in one is relevant to points made in another. The first essay considers the character of the subject, and its relation to other entities of relevance to it, such as its compatibility with national law and its relation to maritime law. The second one considers different types of legal instruments in settings of international law, and explains how to read a multilateral convention, using the Convention for the International Sale of Goods as an example. The third part discusses the characteristics of a state and the concept of recognition, the fourth reviews the various roles that institutions take in international law, concentrating in particular on major regional organisations, and the fifth explores the extent to which the World Trade Organisation and the General Agreement on Tariffs and Trade provide for developing countries. Essay Six summarises the framework for international labour law and investigates its contents and workings, then the seventh considers which countries predominate in the running of international institutions. The eighth paper explores how regional entities might co-operate with international institutions in the harmonisation of the law, and the ninth one investigates the place of negotiation as a method of international dispute resolution. Finally, the tenth essay considers the past, present and future of international law, and reviews especially the role of language.
Author: Jie Luo Publisher: Springer Nature ISBN: 9819978440 Category : Law Languages : en Pages : 148
Book Description
The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
Author: Ronald A. Brand Publisher: BRILL ISBN: 9004268111 Category : Law Languages : en Pages : 359
Book Description
Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.
Author: Petar Sarcevic Publisher: sellier. european law publ. ISBN: 3935808828 Category : Arbitration and award, International Languages : en Pages : 696
Book Description
This vast collection of scholarly writings examines a wide range of legal topics, including for example: European Private International Law of Obligations and Internal Market Legislation: A Matter of Coordination -- Balancing Sovereignty and Party Autonomy in Private International Law -- Parenthood for Same-Sex Couples: Challenges of Private International Law from a Scandinavian Perspective -- The Use of Unpublished Opinions on Relocation Law by the California Courts of Appeal: Hiding the Evidence? -- Spousal Support after Divorce under American Family Law: An Attempt to Contribute to the Alimony Debate -- Working with Children: The Balance between the Protection of Children and the Right to Work with Children -- Changing Parenthood after Divorce -- The Contribution of the UNCITRAL Arbitration Rules to International Commercial Arbitration -- Universalism and Tradition: The Use of Non-binding Principles in International Commercial Law -- Problems in the Implementation of WTO Law in the People's Republic of China -- Notes on the Pellegrini Judgment of the European Court of Human Rights -- Professional Traditions: The Reciprocating Ethics of Jurist and Judge
Author: Jürgen Basedow Publisher: BRILL ISBN: 9004296808 Category : Law Languages : en Pages : 662
Book Description
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Author: Franco Ferrari
Author: Franco Ferrari
Author: United Nations Commission on International Trade Law
Author: Harry M. Flechtner
Author: Peter Huber
Author: Graeme Baber
Author: United Nations Publications
Author: Jie Luo
Author: Ronald A. Brand
Author: Petar Sarcevic
Author: Jürgen Basedow