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 CISG

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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

Essays on International Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 144386093X
Total Pages : 465 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Essays on International Law by : Graeme Baber

Download or read book Essays on International Law written by Graeme Baber and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains ten writings on different aspects of international law, each of them cross-referenced, in instances in which information in one is relevant to points made in another. The first essay considers the character of the subject, and its relation to other entities of relevance to it, such as its compatibility with national law and its relation to maritime law. The second one considers different types of legal instruments in settings of international law, and explains how to read a multilateral convention, using the Convention for the International Sale of Goods as an example. The third part discusses the characteristics of a state and the concept of recognition, the fourth reviews the various roles that institutions take in international law, concentrating in particular on major regional organisations, and the fifth explores the extent to which the World Trade Organisation and the General Agreement on Tariffs and Trade provide for developing countries. Essay Six summarises the framework for international labour law and investigates its contents and workings, then the seventh considers which countries predominate in the running of international institutions. The eighth paper explores how regional entities might co-operate with international institutions in the harmonisation of the law, and the ninth one investigates the place of negotiation as a method of international dispute resolution. Finally, the tenth essay considers the past, present and future of international law, and reviews especially the role of language.

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.

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.

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments

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Author :
Publisher : BRILL
ISBN 13 : 9004268111
Total Pages : 359 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments by : Ronald A. Brand

Download or read book Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments written by Ronald A. Brand and published by BRILL. This book was released on 2014-04-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

Liber Memorialis Petar Šarčević

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Publisher : sellier. european law publ.
ISBN 13 : 3935808828
Total Pages : 696 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Liber Memorialis Petar Šarčević by : Petar Sarcevic

Download or read book Liber Memorialis Petar Šarčević written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2006 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: This vast collection of scholarly writings examines a wide range of legal topics, including for example: European Private International Law of Obligations and Internal Market Legislation: A Matter of Coordination -- Balancing Sovereignty and Party Autonomy in Private International Law -- Parenthood for Same-Sex Couples: Challenges of Private International Law from a Scandinavian Perspective -- The Use of Unpublished Opinions on Relocation Law by the California Courts of Appeal: Hiding the Evidence? -- Spousal Support after Divorce under American Family Law: An Attempt to Contribute to the Alimony Debate -- Working with Children: The Balance between the Protection of Children and the Right to Work with Children -- Changing Parenthood after Divorce -- The Contribution of the UNCITRAL Arbitration Rules to International Commercial Arbitration -- Universalism and Tradition: The Use of Non-binding Principles in International Commercial Law -- Problems in the Implementation of WTO Law in the People's Republic of China -- Notes on the Pellegrini Judgment of the European Court of Human Rights -- Professional Traditions: The Reciprocating Ethics of Jurist and Judge

The Law of Open Societies

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Publisher : BRILL
ISBN 13 : 9004296808
Total Pages : 662 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law of Open Societies by : Jürgen Basedow

Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

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:

Towards a New CISG

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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.

Revue de droit uniforme

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Author :
Publisher :
ISBN 13 :
Total Pages : 1112 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Revue de droit uniforme by :

Download or read book Revue de droit uniforme written by and published by . This book was released on 2003 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Buyer's Remedies for Non-conforming Goods

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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.

The 2005 Hague Convention on Choice of Court Agreements

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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.