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: Kluwer Law International
ISBN: 904112277X
Category: Law
Page: 214
View: 7506

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More than 60 countries, including the United States of America, have ratified the Convention on Contracts for the international Sale of Goods (CISG). Since CISG Contracting Sales account for more than two-thirds of all world trade, the Convention clearly represents a key aspect of American Commercial law. By drawing comparisons with domestic (UCC) sales law, the author explains the CISG in terms familiar to American Jurists, just as special emphasis is placed on CISG decisions rendered by U.S. courts ad the Article 95 reservation made by the United States. But since the CISG treaty demands an international interpretation, this expanded and fully updated Second Edition continues to draw upon the full range of CISG sources, including the increasingly numerous decisions and awards rendered by courts and arbitrators worldwide. Concrete examples and illustration are provided throughout. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards.

Understanding the CISG

A Compact Guide to the 1980 United Nations Convention on Contracts for International Sale of Goods
Author: Joseph M. Lookofsky
Publisher: Kluwer Law International
ISBN: 9041125892
Category: Business & Economics
Page: 243
View: 1285

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Also sometimes referred to as the Vienna Sales Convention, the Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention, which first entered into effect in 1988, is the first sales law treaty to win acceptance on a worldwide scale. The current list of Contracting States includes 11 of the G-12 Group, as well as China and Russia. CISG Contracting States account for more than two-thirds 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 - by default or by express choice - regularly subject their sales contracts to the Convention. The CISG has also impacted on sales legislation at national and regional (e.g. EU) levels. The CISG treaty demands an international interpretation, and this fully updated Fourth (Worldwide) Edition draws upon the full range of secondary Convention sources, including worldwide case law and scholarly opinion. Concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales contracts and sales contract disputes will confidently navigate topic areas such as the following: Freedom of contract under Article 6; Interpretation of the Convention and of CISG contracts; Sales contract formation, validity, defenses to enforcement; Liability exemptions; Obligations of the parties, including conforming delivery & notice of non-conformity; Liability and remedies for breach, including specific performance, damages, avoidance; Key reservations under Articles 92-96. Joseph Lookofsky is Professor of Law at the University of Copenhagen. In addition to his Danish law degrees, he holds a J.D. degree from the New York University School of Law. He is a Member of the New York State Bar and former in-house counsel for United Artists Corporation.

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: 4688

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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,Harry M. Flechtner
Publisher: Kluwer Law International
ISBN: 9041127534
Category: Law
Page: 713
View: 6277

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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.

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: 2952

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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: Dean Symeon C. Symeonides
Publisher: Oxford University Press
ISBN: 0190496738
Category: Law
Page: 800
View: 1496

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Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.

International Transactions in Goods

Global Sales in Comparative Context
Author: Martin Davies,David V. Snyder
Publisher: Oxford University Press
ISBN: 0199750319
Category: Law
Page: 478
View: 2879

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International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law. This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.

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
ISBN: N.A
Category: United Nations Convention on Contracts for the International Sale of Goods
Page: 305
View: 8324

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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.

U.N.I.L.E.X.


Author: Michael Joachim Bonell,Centre for Comparative and Foreign Law Studies
Publisher: Transnational Pub Incorporated
ISBN: N.A
Category: Law
Page: 3
View: 8540

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Understanding the CISG in Europe

a compact guide to the 1980 United Nations Convention on Contracts for the International Sale of Goods
Author: Herbert Bernstein,Joseph M. Lookofsky
Publisher: Kluwer Law Intl
ISBN: 9789041109514
Category: Business & Economics
Page: 207
View: 8726

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More than 40 countries, accounting for 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. Concrete examples are provided throughout. The English language text will help European jurists to better communicate about CISG problems across language barriers. Those in academia will also appreciate the sources drawn upon And The comparative approach of this work.

Solomon's Knot

How Law Can End the Poverty of Nations
Author: Robert D. Cooter,Hans-Bernd Schäfer
Publisher: Princeton University Press
ISBN: 0691147922
Category: Business & Economics
Page: 325
View: 7558

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Sustained growth depends on innovation, whether it's cutting-edge software from Silicon Valley, an improved assembly line in Sichuan, or a new export market for Swaziland's leather. Developing a new idea requires money, which poses a problem of trust. The innovator must trust the investor with his idea and the investor must trust the innovator with her money. Robert Cooter and Hans-Bernd Schäfer call this the "double trust dilemma of development." Nowhere is this problem more acute than in poorer nations, where the failure to solve it results in stagnant economies. In Solomon's Knot, Cooter and Schäfer propose a legal theory of economic growth that details how effective property, contract, and business laws help to unite capital and ideas. They also demonstrate why ineffective private and business laws are the root cause of the poverty of nations in today's world. Without the legal institutions that allow innovation and entrepreneurship to thrive, other attempts to spur economic growth are destined to fail.

Towards a New CISG

The Prospective Convention on the International Sale of Goods and Services
Author: Leandro Tripodi
Publisher: BRILL
ISBN: 9004305319
Category: Law
Page: 204
View: 7130

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Towards a New CISG contains a proposal for the adoption of a Convention on the International Sale of Goods and Services, as a substitute for the 1980 Vienna Sales Convention.

Globalization and Private Law

The Way Forward
Author: Michael Faure,Andre Van der Walt
Publisher: Edward Elgar Publishing
ISBN: 1849805210
Category: Law
Page: 512
View: 1803

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This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Law of Electronic Commercial Transactions

Contemporary Issues in the EU, US and China
Author: Faye Fangfei Wang
Publisher: Routledge
ISBN: 1134115296
Category: Law
Page: 376
View: 5041

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The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.

Global Sales and Contract Law


Author: Ingeborg Schwenzer,Pascal Hachem,Christopher Kee
Publisher: Oxford University Press
ISBN: 0199572984
Category: Law
Page: 873
View: 8252

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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.

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé


Author: Karen B. Brown,David V. Snyder
Publisher: Springer Science & Business Media
ISBN: 9400723547
Category: Law
Page: 704
View: 1421

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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.