Understanding The Cisg In The Usa

Author : Joseph M. Lookofsky
Publisher : Aspen Publishers
Page : 0 pages
File Size : 52,8 Mb
Release : 2004
Category : Export sales contracts
ISBN : 9041122974

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Understanding the CISG in the USA by Joseph M. Lookofsky Pdf

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 and 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.

Author : Joseph Lookofsky
Publisher : Unknown
Page : 239 pages
File Size : 51,9 Mb
Release : 2012
Category : Electronic
ISBN : OCLC:1010669462

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Understanding the CISG in the USA by Joseph Lookofsky Pdf

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 212 pages
File Size : 44,5 Mb
Release : 2017-05-15
Category : Law
ISBN : 9789041142092

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Understanding the CISG by Joseph Lookofsky Pdf

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some 85 CISG ‘Contracting States’ already 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 – 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 Fifth (Worldwide) Edition draws upon the full range of primary as well as secondary sources of CISG law, 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: • determining when the CISG applies; • freedom of contract under Article 6; • interpretation of the Convention and of CISG contracts; • sales contract formation, validity, defenses to enforcement; • obligations of the parties, including conforming delivery and payment; • remedies for breach, including specific performance, damages and avoidance; • liability exemptions; and • key reservations under Articles 92–96

Author : Joseph Lookofsky
Publisher : Kluwer Law International B.V.
Page : 276 pages
File Size : 40,7 Mb
Release : 2022-08-09
Category : Law
ISBN : 9789403541938

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Understanding the CISG by Joseph Lookofsky Pdf

The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of nearly one hundred 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 – by default or by express choice – regularly subject their sales contracts to the Convention regime. The CISG treaty demands an international interpretation, and this extensively updated Sixth Edition draws upon the full range of primary as well as secondary sources of CISG law, including clear and concise reports of the latest decisions, arbitral awards and scholarly opinion. Numerous concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales law will confidently navigate key topic areas such as these: determining when the CISG applies; freedom of contract, opting out; interpretation of CISG treaty and CISG contracts; formation, validity, defenses to enforcement; obligations of the parties; remedies for breach; liability exemptions, hardship; and disclaimers, agreed remedies.

Author : Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey
Publisher : Bloomsbury Publishing
Page : 989 pages
File Size : 47,5 Mb
Release : 2012-10-26
Category : Law
ISBN : 9781782250067

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International Sales Law by Ingeborg Schwenzer,Christiana Fountoulakis,Mariel Dimsey Pdf

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.

Author : John Felemegas
Publisher : Cambridge University Press
Page : 546 pages
File Size : 44,8 Mb
Release : 2013-09-12
Category : Law
ISBN : 1107676568

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An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law by John Felemegas Pdf

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.

Author : Camilla Baasch Andersen,Bruno Zeller
Publisher : Juris Publishing, Inc.
Page : 1218 pages
File Size : 50,9 Mb
Release : 2010-11-01
Category : Reference
ISBN : 9781933833378

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Practitioner's Guide to the CISG by Camilla Baasch Andersen,Bruno Zeller Pdf

With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.

Author : André Janssen,Olaf Meyer
Publisher : Walter de Gruyter
Page : 408 pages
File Size : 44,8 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537224

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CISG Methodology by André Janssen,Olaf Meyer Pdf

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.

Author : Peter Schlechtriem,Petra Butler
Publisher : Springer Science & Business Media
Page : 399 pages
File Size : 45,6 Mb
Release : 2008-10-17
Category : Law
ISBN : 9783540499923

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UN Law on International Sales by Peter Schlechtriem,Petra Butler Pdf

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.

Author : Gabriel Moens,Roger Jones
Publisher : Routledge
Page : 437 pages
File Size : 43,7 Mb
Release : 2009-03-11
Category : Business & Economics
ISBN : 9781134009213

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International Trade and Business Law Review: by Gabriel Moens,Roger Jones Pdf

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.

Author : John Honnold,Harry M. Flechtner
Publisher : Kluwer Law International B.V.
Page : 984 pages
File Size : 46,7 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789041144492

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Honnold’s Uniform Law for International Sales under the 1980 United Nations Convention by John Honnold,Harry M. Flechtner Pdf

The United Nations Convention on Contracts for the International Sale of Goods (CISG) has become the key framework for drafting international sales contracts and resolving resulting disputes. The remarkable progress of this epoch-making uniform international law calls for a new edition (the fifth) of the late Professor Honnold’s preeminent commentary, now issued under the authoritative hand of Harry M. Flechtner, editor of the fourth edition and a National Correspondent for the United States at UNCITRAL. Professor Flechtner updates Professor Honnold’s in-depth article-by-article exposition, addressing newly arising issues and taking into account the numerous decisions and scholarly analyses that have focused on the CISG in the twelve years since the last edition in 2009. Also expertly updated is Professor Honnold’s masterly overview of the development and implementation of the text of the CISG, as well as his authoritative insights into the underlying principles and purposes of the treaty. Taking into account the myriad variations among distinct legal systems, the commentary expertly treats all crucial aspects of sales contracts, including the following: delivery of the goods and handing over of documents; conformity of the goods and third-party claims; obligations of the parties; payment of the price; taking delivery; anticipatory breach; instalment contracts; remedies for breach of contract; damages; interest; exemptions; limits and effects of avoidance; preservation of the goods; and risk of loss. The CISG is widely regarded as the most significant body of international sales law and the most successful international commercial treaty in history. This new edition provides tribunals, practitioners, and scholars invaluable up-to-date insights into the meaning of each article of the Convention. The multitude of authorities consulted, many dating from the past few years, will continue to influence the promotion of international sales contract uniformity, encourage the settlement of disputes, and help to reinforce consensus in the application of the Convention.

Author : John Honnold
Publisher : Kluwer Law International B.V.
Page : 762 pages
File Size : 49,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127532

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Uniform Law for International Sales Under the 1980 United Nations Convention by John Honnold Pdf

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.

Author : Gabriel Moens,Roger Jones
Publisher : Routledge
Page : 510 pages
File Size : 50,8 Mb
Release : 2009-03-11
Category : Law
ISBN : 9781134009206

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International Trade and Business Law Review: Volume XII by Gabriel Moens,Roger Jones Pdf

The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.

Author : Andrew Hutchison,Franziska Myburgh
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 50,6 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971065

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Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 393 pages
File Size : 51,6 Mb
Release : 2012-03-26
Category : Law
ISBN : 9781107008786

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The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Pdf

Explains how and why arbitration works, offering comprehensive coverage of basic requirements.