The Draft UNCITRAL Digest and Beyond

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Publisher : sellier. european law publ.
ISBN 13 : 3935808143
Total Pages : 885 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Draft UNCITRAL Digest and Beyond by : Franco Ferrari

Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by sellier. european law publ.. This book was released on 2004 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Draft UNCITRAL Digest and Beyond

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866537301
Total Pages : 891 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Draft UNCITRAL Digest and Beyond by : Franco Ferrari

Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

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Author :
Publisher :
ISBN 13 : 9789211337938
Total Pages : 0 pages
Book Rating : 4.3/5 (379 download)

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Book Synopsis UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by : United Nations Commission on International Trade Law

Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Drafting Contracts Under the CISG

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Author :
Publisher : Cile Studies
ISBN 13 : 9780195340747
Total Pages : 0 pages
Book Rating : 4.3/5 (47 download)

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Book Synopsis Drafting Contracts Under the CISG by : Harry M. Flechtner

Download or read book Drafting Contracts Under the CISG written by Harry M. Flechtner and published by Cile Studies. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

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Author :
Publisher :
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by : United Nations Publications

Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Publications and published by . This book was released on 2016 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

The UNCITRAL Model Law and Asian Arbitration Laws

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107183979
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell

Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

The CISG

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 386653728X
Total Pages : 433 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The CISG by : Peter Huber

Download or read book The CISG written by Peter Huber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... 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

UNCITRAL Model Law on International Commercial Arbitration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781108498234
Total Pages : 650 pages
Book Rating : 4.4/5 (982 download)

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Book Synopsis UNCITRAL Model Law on International Commercial Arbitration by : Ilias Bantekas

Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-02-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

UNCITRAL Conciliation Rules

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Author :
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis UNCITRAL Conciliation Rules by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Conciliation Rules written by United Nations Commission on International Trade Law and published by New York : United Nations. This book was released on 1981 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Buyer's Remedies for Non-conforming Goods

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3935808755
Total Pages : 285 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Buyer's Remedies for Non-conforming Goods by : Hanna Sivesand

Download or read book The Buyer's Remedies for Non-conforming Goods written by Hanna Sivesand and published by sellier. european law publ.. This book was released on 2005 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the buyer's remedies for non-conforming goods under a sales contract under English, German, French and Scandinavian law. Moreover, the EC Consumer Sales Directive, the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL) are included. The study examines the most controversial issues and problems involved in the establishment of an effective and fair remedial regime for non-conforming goods. Should there be a certain hierarchy of remedies, where some prevail over others? Who should be able to choose between the remedies, the buyer or the seller, and should there be a right for the seller to impose cure upon the buyer? Should certain remedies be restricted where the lack of conformity is not sufficiently serious? Another controversial issue is the question of whether, and if so, how the buyer should be obliged to notify the seller, and within which time limits he should be obliged to bring forward his claim.

Interpretation of Contracts in Comparative and Uniform Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511044
Total Pages : 323 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Interpretation of Contracts in Comparative and Uniform Law by : Ahmet Cemil Yildirim

Download or read book Interpretation of Contracts in Comparative and Uniform Law written by Ahmet Cemil Yildirim and published by Kluwer Law International B.V.. This book was released on 2019-05-14 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the globalized nature of modern commerce, arbitrators and legal counsel are often required to interpret contracts according to the rules of legal systems that are different from their own. Thus a thorough comparative examination of the principles of interpretation of contracts in major legal systems and uniform laws, such as this indispensable book provides, becomes an essential resource. The book examines the principles of contract interpretation found in seven legal systems—French, Italian, German, Swiss, Turkish, English, and U.S.—as well as in all applicable uniform laws, drawing on the case law and scholarship aligned with each. In addition to texts intended to unify or harmonize the law at a global level, the European Union’s uniform law texts, which constitute an important reference model for regional codifications, are also presented. The terminology peculiar to each system has been preserved in its language. Specific issues and topics raised include the following: “subjective” versus “objective” interpretation; historical reasons for basic differences in the approaches of individual legal systems; the principle of freedom of contract; good faith and fair dealing; rules that restrict the interpretation of contracts; and commercial usages. The author’s systematic presentation culminates in a proposal of a practical and universal method of interpretation of contracts. Given the importance of the interpretation of contracts in cross-border transactions, every practitioner of international arbitration will welcome this incomparable book’s easy access to the essential literature and case law in the legal systems and uniform laws they are most likely to encounter. Corporate counsel, scholars, and academics will discover the only detailed comparative overview available of the theory and practice of the interpretation of contracts.

Towards a New CISG

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Author :
Publisher : BRILL
ISBN 13 : 9004305319
Total Pages : 204 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Towards a New CISG by : Leandro Tripodi

Download or read book Towards a New CISG written by Leandro Tripodi and published by BRILL. This book was released on 2015-11-24 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Towards a New CISG, Leandro Tripodi discusses the aging and need for renovation of the 1980 Vienna Sales Convention. Changes in global political circumstances and to the economy of international sales of goods have rendered the 1980 CISG a dated legal instrument. Its recognized flexibility is not sufficient to cope with past and, especially, with future changes brought about by the introduction of new technologies affecting all kinds of goods subject to trade. In light of the challenges posed by 21st-century commerce, Dr. Tripodi proposes the adoption of a Convention on the International Sale of Goods and Services (CISGS). The idea of a new convention is based on the following facts: 1) goods and services are no longer as distinguishable as they were in 1980; 2) sales of goods and sales (i.e., the provision) of services are not as easy to apportion as the CISG supposes and can hardly continue to be treated separately by the legal sources of international trade.

Contracts for the International Sale of Goods

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900420170X
Total Pages : 291 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Contracts for the International Sale of Goods by : Franco Ferrari

Download or read book Contracts for the International Sale of Goods written by Franco Ferrari and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for the International Sale of Goods provides an examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Extensively referenced, this volume focuses on three fundamental issues, which, due to added attention from courts and arbitral tribunals, are considered “typical” of CISG related disputes. These include the exact determination of the CISG’s sphere of application; issues relating to the non-conformity of delivered goods; and the determination of the rate of interest on sums in arrears. This analysis will also help readers understand the broader context in which these issues are embedded, and ultimately illustrates how the CISG is interpreted and applied in different jurisdictions. A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected].

Understanding the CISG

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142096
Total Pages : 198 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Understanding the CISG by : Joseph Lookofsky

Download or read book Understanding the CISG written by Joseph Lookofsky and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The 2005 Hague Convention on Choice of Court Agreements

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521878661
Total Pages : 336 pages
Book Rating : 4.8/5 (786 download)

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Book Synopsis The 2005 Hague Convention on Choice of Court Agreements by : Ronald A. Brand

Download or read book The 2005 Hague Convention on Choice of Court Agreements written by Ronald A. Brand and published by Cambridge University Press. This book was released on 2008-04-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

The Draft UNCITRAL Digest and Beyond

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Author :
Publisher :
ISBN 13 : 9780421875401
Total Pages : 874 pages
Book Rating : 4.8/5 (754 download)

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Book Synopsis The Draft UNCITRAL Digest and Beyond by :

Download or read book The Draft UNCITRAL Digest and Beyond written by and published by . This book was released on 2005 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:

English Sales Law Vs. Vienna Convention On CISG

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Author :
Publisher : Idea Publishing
ISBN 13 :
Total Pages : 71 pages
Book Rating : 4./5 ( download)

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Book Synopsis English Sales Law Vs. Vienna Convention On CISG by : Dr. V.V.L.N. Sastry

Download or read book English Sales Law Vs. Vienna Convention On CISG written by Dr. V.V.L.N. Sastry and published by Idea Publishing. This book was released on 2020-05-04 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research provides an analysis of the comparison between the English sales law and the Vienna Convention on Contracts for the International Sale of Goods (CISG). The two laws have different features that explain the preference of commercial merchants towards the use of the English sales law. It is in this context, a secondary study subjected to narrative review into, how do the features of the English sales law compare with the features of the CISG Act, and what competitive advantages and disadvantages do the English sales law and the CISG Act present over each other; and what features distinguish English Sales Law from CISG to make international businesspersons prefer operating under the English sales law to operating under the CISG, will help understand the intricacies that make English sales law a preferred choice. The ambiguity of the CISG is one of the factors that reduces its attractiveness. Uncertainty in the interpretation of CISG is one of the main reasons as to why it is unattractive in facilitating international commercial transactions. In some instances, the courts may issue contradictory interpretations of the law. In addition, CISG is a fragmentary law as opposed to English sales law, which is a comprehensive body of law. The paper also provides a recommendation on how to tackle some of the limitations inherent in CISG. Lastly, the findings of the study aid in improving the understanding of how best businessmen can make use of and work within the boundaries of the legal English Sales Law as well as of the CISG with an aim to bring about growth in businesses.