Contractual Certainty In International Trade

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Contractual Certainty in International Trade

Author : Volkmar Gessner
Publisher :
ISBN 13 : 9781472564641
Total Pages : 357 pages
Book Rating : 4.5/5 (646 download)

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Book Synopsis Contractual Certainty in International Trade by : Volkmar Gessner

Download or read book Contractual Certainty in International Trade written by Volkmar Gessner and published by . This book was released on 2009 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to the volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism; economic sociology, which treats networks and relationships between contractual parties as paramount; representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk; comparative economic sociologists who point to the varieties of legal cultures in the social organisation of trust; and national and international institutions such as the World Bank which try to promote legal certainty in the economy. The purpose of the volume is to build on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business, and by critically reviewing and discussing some of the propositions in the literature which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions and on the role of the state in the globalising economy.

Contractual Certainty in International Trade

Author : Volkmar Gessner
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314759
Total Pages : 371 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Contractual Certainty in International Trade by : Volkmar Gessner

Download or read book Contractual Certainty in International Trade written by Volkmar Gessner and published by Bloomsbury Publishing. This book was released on 2008-12-19 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays. The wide range of approaches adopted by contributors to the volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism; economic sociology, which treats networks and relationships between contractual parties as paramount; representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk; comparative economic sociologists who point to the varieties of legal cultures in the social organisation of trust; and national and international institutions such as the World Bank which try to promote legal certainty in the economy. The purpose of the volume is to build on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business, and by critically reviewing and discussing some of the propositions in the literature which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions and on the role of the state in the globalising economy.

CISG and the Unification of International Trade Law

Author : Bruno Zeller
Publisher : Routledge
ISBN 13 : 1135390541
Total Pages : 225 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis CISG and the Unification of International Trade Law by : Bruno Zeller

Download or read book CISG and the Unification of International Trade Law written by Bruno Zeller and published by Routledge. This book was released on 2008-03-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws. Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

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

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900419469X
Total Pages : 706 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by : Michael Joachim Bonell

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.

The Convention for the International Sale of Goods

Author : Daniel Barstow Magraw
Publisher : American Bar Association
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Convention for the International Sale of Goods by : Daniel Barstow Magraw

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:

Adaptation and Renegotiation of Contracts in International Trade and Finance

Author : Norbert Horn
Publisher : Springer
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Adaptation and Renegotiation of Contracts in International Trade and Finance by : Norbert Horn

Download or read book Adaptation and Renegotiation of Contracts in International Trade and Finance written by Norbert Horn and published by Springer. This book was released on 1985-02-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adaptation and Renegotiation of Contracts in International Trade and Finance

Principles of Law Relating to International Trade

Author : Nicholas Kouladis
Publisher : Springer Science & Business Media
ISBN 13 : 0387306994
Total Pages : 330 pages
Book Rating : 4.3/5 (873 download)

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Book Synopsis Principles of Law Relating to International Trade by : Nicholas Kouladis

Download or read book Principles of Law Relating to International Trade written by Nicholas Kouladis and published by Springer Science & Business Media. This book was released on 2006-07-02 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first entitled Principles of Law Relating to Overseas Trade, has been expanded, revised, repackaged and re-titled in this edition to provide a more accessible and relevant textbook on the subject. Commentary and references to new and classic cases are now in footnotes in the main text, for ease of reading. Imbued with careful research and practical experience it presents an attempt to form a concise and authoritative statement of the law affecting international trade.

Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003

Author : Michael Maggi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122761
Total Pages : 347 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 by : Michael Maggi

Download or read book Review of the Convention on Contracts for the International Sale of Goods (CISG) 2002-2003 written by Michael Maggi and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

Contracts for the Sale of Goods

Author : Henry D. Gabriel
Publisher : Oxford University Press, USA
ISBN 13 : 0195333497
Total Pages : 464 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Contracts for the Sale of Goods by : Henry D. Gabriel

Download or read book Contracts for the Sale of Goods written by Henry D. Gabriel and published by Oxford University Press, USA. This book was released on 2009 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading trade law expert Henry Gabriel analyzes and compares the substantive law of the UN convention on Contracts for the International Sale of Goods (CISG) with the sales provisions of Article Two of the UCC and the UNIDROIT Principles on International Commercial Contracts. The author highlights which provisions apply to a transaction and what impact each provision has on a sales contract.

Does International Trade Need a Doctrine of Transnational Law?

Author : Maren Heidemann
Publisher : Springer Science & Business Media
ISBN 13 : 3642274994
Total Pages : 78 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Does International Trade Need a Doctrine of Transnational Law? by : Maren Heidemann

Download or read book Does International Trade Need a Doctrine of Transnational Law? written by Maren Heidemann and published by Springer Science & Business Media. This book was released on 2012-02-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.

International Commercial Agreements

Author : William Fox
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403536934
Total Pages : 482 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Commercial Agreements by : William Fox

Download or read book International Commercial Agreements written by William Fox and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise planning, drafting and vigorous negotiation lie at the heart of every international commercial agreement. But as the international business community moves toward the third decade of the twenty-first century, a large amount of the detail of these agreements has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work, now in its seventh edition, begins by discussing and analyzing all the basic components of international contracts regardless of whether the contracting parties are interacting face-to-face or dealing electronically at some distance from each other. The work stands alone among contract drafting guides and has proven its enduring worth. Using an established and highly practical format, the book offers precise information and analysis of a wide variety of issues and forms of agreement, as well as the various forms of international commercial dispute resolution. The seventh edition includes new and updated material on a large number of issues and concepts, such as: new developments and technical progress in electronic commerce; the use of concepts of standardization, i.e., the work of the International Organization for Standardization as a contract drafting tool; new developments in artificial intelligence in contract drafting; the use of cryptocurrencies as a payment device; expedited arbitration, early neutral evaluation and digital procedures for dispute resolution; online dispute resolution, including the phenomenon of the “robot arbitrator”; and foreign direct investment, investment law and investor-state dispute resolution. Each chapter provides numerous references to additional sources, including websites, journal articles, and texts. Materials from and citations to appropriate literature and languages other than English are included. Recognizing that business executives entering into an international commercial transaction are mainly interested in drafting and negotiating an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will measurably assist any lawyer or business executive in planning and implementing contracts and resolving disputes even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with legal experts.

United Nations Convention on the Use of Electronic Communications in International Contracts

Author : United Nations Commission on International Trade Law
Publisher : United Nations Publications
ISBN 13 : 9789211337563
Total Pages : 100 pages
Book Rating : 4.3/5 (375 download)

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Book Synopsis United Nations Convention on the Use of Electronic Communications in International Contracts by : United Nations Commission on International Trade Law

Download or read book United Nations Convention on the Use of Electronic Communications in International Contracts written by United Nations Commission on International Trade Law and published by United Nations Publications. This book was released on 2007 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by the UN General Assembly in November 2005, the Convention on the Use of Electronic Communications in International Contracts seeks to enhance legal certainty and commercial predictability where electronic communications are used in international contracts. Topics addressed in the Convention include: the location of the parties and information requirements; treatment of contracts; form requirements; time and place of dispatch and receipt of electronic communications; the use of automated message systems for contract formation; and provisions for signature, ratification, acceptance or approval.

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

Author : Pilar Perales Viscasillas
Publisher :
ISBN 13 : 9781509923601
Total Pages : 1253 pages
Book Rating : 4.9/5 (236 download)

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Book Synopsis UN Convention on Contracts for the International Sale of Goods (CISG) by : Pilar Perales Viscasillas

Download or read book UN Convention on Contracts for the International Sale of Goods (CISG) written by Pilar Perales Viscasillas and published by . This book was released on with total page 1253 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The second edition of this seminal text provides an authoritative 'article-by-article' commentary on the CISG. Moreover, it goes further than existing literature by taking account of those various legal settings in which the CISG operates. Strictly following the structure of the Convention itself, it examines specific topics such as E-Commerce and the CISG and comparative texts such as Unidroit Principles of International Commercial Contracts and the European Principles of Contract Law. The Incoterms are also dealt with in detail. With a truly global and stellar line up of contributors, this is an invaluable tool for all lawyers practising in the field."--

UNIDROIT Principles of International Commercial Contracts

Author : Eckart Brödermann
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848748129
Total Pages : 0 pages
Book Rating : 4.7/5 (481 download)

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Book Synopsis UNIDROIT Principles of International Commercial Contracts by : Eckart Brödermann

Download or read book UNIDROIT Principles of International Commercial Contracts written by Eckart Brödermann and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The UNIDROIT principles of international commercial contracts provide a...tool for cross-border contracts restating an international understanding of global contract law. They can be chosen as a neutral and pragmatic business oriented contractual regime for cross-border contracts, developed under the auspices and finally approved by the intergovernmental organization UNIDROIT (Rome). They contain over 50 solutions to typical contractual questions constituting compromises between civil and common law. The United Nations Commission on International Trade Law has endorsed their use 'as appropriate, for their intended purposes.' The commentary analyses the UNIDROIT principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply."--

The Transnational Sales Contract

Author : Benatti
Publisher :
ISBN 13 : 9788813375904
Total Pages : 656 pages
Book Rating : 4.3/5 (759 download)

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Book Synopsis The Transnational Sales Contract by : Benatti

Download or read book The Transnational Sales Contract written by Benatti and published by . This book was released on 2022 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding the CISG

Author : Joseph M. Lookofsky
Publisher :
ISBN 13 : 9789041138200
Total Pages : 239 pages
Book Rating : 4.1/5 (382 download)

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Book Synopsis Understanding the CISG by : Joseph M. Lookofsky

Download or read book Understanding the CISG written by Joseph M. Lookofsky and published by . This book was released on 2012 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Earlier editions of this incomparable guide came in separate volumes for the United States, Europe, and Scandinavia, as these three areas represent significant segments of CISG practice and also notable variations in the application of the Convention. Today, however, the CISG has gained greater prominence in dozens of jurisdictions worldwide, and similarities as well as differences in how the Convention is understood and applied have become increasingly relevant for all CISG practitioners. Hence, a 'worldwide' edition, focused on the rules and case law of greatest practical importance in all Contracting States, is here provided--although this new edition continues to account for regional anomalies insofar as they impact on the interests of merchants (and their lawyers) in the real CISG world. With this book as their guide, lawyers handling international sales contracts and disputes in any jurisdiction will confidently navigate such areas of practice as the following: * determining when the CISG applies; * freedom of contract under Article 6; * interpretation and good faith; * formation, validity, defenses to enforcement; * notice of non-conformity; * damages for breach, mitigation; * Article 79 liability exemptions; * agreed remedies, disclaimers; and * key reservations under Articles 92-96. Understanding the CISG includes a representative sampling of the more than 2,000 CISG court judgements and arbitral awards that have been reported. Concrete illustrations are provided to help clarify the (sometimes complex) way CISG rules work. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards. For virtually all cases likely to invoke the CISG, this valuable book will render sterling service to practitioners anywhere, just as it will provide law students with an effective CISG learning tool. No other CISG source is at once so authoritative and so succinct.

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

Author : Stefan Kröll
Publisher : Hart Pub Limited
ISBN 13 : 9781841131702
Total Pages : 1251 pages
Book Rating : 4.1/5 (317 download)

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Book Synopsis UN Convention on Contracts for the International Sale of Goods (CISG) by : Stefan Kröll

Download or read book UN Convention on Contracts for the International Sale of Goods (CISG) written by Stefan Kröll and published by Hart Pub Limited. This book was released on 2011 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years afterthe approval on the 19th April 1980, the United Nations Convention on Contractsfor the International Sale of Goods, the CISG, has become the law ofinternational sales. In the meantime 76 states have ratified the CISG whichmake up for more than two thirds of the global trade. Despite CISG's practicalimportance and its global reach the commentary literature on the CISG inEnglish, the language of international trade, is rather limited. This book isintended to fill this gap and to supplement the few existing commentaries by atruly international work which takes into account the various legal settings inwhich the CISG is applied. The Commentary is designed as a German type ofcommentary which provides an authoritative "Article-by-Article"comment to the CISG. Its structure strictly follows the structure of theprovisions of the Convention. Specific topics, e.g. E-Commerce and the CISG,comparative contract texts such as Unidroit Principles of InternationalCommercial Contracts, European Principles of Contract Law and Draft CommonFrame of Reference, are dealt with in the context of the comments of thepertinent articles. The Incoterms are also dealt with in detail. Contributors to thisvolume are: Professor Yesim M.Atamer, Istanbul, Turkey; Dr Ivo Bach, Mainz, Germany; Professor Gary Bell,Singapore; Professor Andrea BjÃ¶rklund, Davis, USA; Dr Stavros Brekoulakis,London, United Kingdom; Professor Michael Bridge, London, United Kingdom; DrPetra Butler, Wellington, New Zealand; Milena Djordjevic, Belgrade, Serbia;Professor Johan Erauw, Gent, Belgium; Professor Franco Ferrari, Verona, Italy;Professor John Y. Gotanda, Villanova, USA; Arjun Harindranath, Wellington, NewZealand; Professor Johnny Herre, Stockholm, Sweden; Professor Peter Huber,Mainz, Germany; Dr Stefan KrÃ¶ll, KÃ¶ln, Germany; Professor Loukas Mistelis,London, United Kingdom; Professor Pilar Perales Viscasillas, La Rioja, Spain;Professor Burghard Piltz, GÃ¼tersloh, Germany; Anjanette Raymond, London, UnitedKingdom; John Riberio, London, United Kingdom; Dr Djakhongir Saidov,Birmingham, United Kingdom; Professor Hiroo Sono, Hokkaido, Japan; Dr FrankSpohnheimer, Kaiserslautern, Germany; Professor Alberto Zuppi, Buenos Aires,Argentina.