Global Commercial Contracts: Introduction to CISG, PICC and other International Instruments

This concise work by the leading global expert on sale of goods law provides the perfect starting point for anyone requiring an introduction to international commercial contracts. The book's comprehensive but accessible structure provides the reader with analysis of the relevant international law together with consideration of the practical issues relating to international contracts. Providing all elements necessary for understanding international contract law, consideration is given to unified and harmonized law alongside general principles found in Common and Civil Law legal systems. The book begins by considering issues of applicable law and conflicts of laws before analysing the main initiatives and instruments of harmonisation. There is considerable focus on the two main instruments (The United Nations Convention on Contracts for the International Sale of Goods (CISG); and The Principles of International Commercial Contracts (PICC)) including analysis of the scope of their application. Other international instruments considered include the UN Convention on the Use of Electronic Communications in International Commercial Contracts, and the UN Convention on Limitation, as well as the main forms used in practice: the IncotermsCO 2010; and UCP 600. All relevant law and practice is examined through a series of topic based chapters covering all relevant areas from freedom, interpretation, formation and validity of contract to sellers' and buyers obligations. There are also specific chapters on aspects relevant to disputes such as remedies, unwinding of contracts and limitation of actions.

Schwenzer, Ingeborg

Foreign & International Law

Oxford University Press

The second edition of Global Sales and Contract Law continues to provide comparative analysis of domestic laws of sale and contract in over sixty countries, delivering a global view of national and international sales law. The book is grounded in the practical realities of sales law, reflecting the day-to-day issues faced by practitioners. Complex questions of the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all analysed. In addition to coverage of the CISG and various national regimes, the book examines regional projects, like the the UNIDROIT PICC, the PECL, the DCFR and the PLACL, and compares differences in domestic legal approach where the CISG would not apply. The new edition covers all the relevant case law, and factors in developments such as changes to the law of contract in Argentina, France, Hungary, and Japan, a raft of countries which have adopted the CISG since the first edition, updates to the UNIDROIT PICC, and new editions of the ICC's INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were envisaged in the original edition have now either evolved or disappeared, for example, the European Union's plan for a Common European Sales Law (CESL), as reflected in the new edition. Encompassing all aspects of sale of goods transactions, and examining the process of a sale with relation to general contract law, the book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law remains the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a source for any practitioner dealing in international commerce.

Global Sales and Contract Law

Muñoz, Edgardo

The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. The Convention is now in force in more than 70 states and there are thousands of decisions by courts and arbitral tribunals that apply the rules of the Convention with the numbers increasing each year. As well as growing case law there are numerous books and innumerable contributions by scholars and practitioners on the Convention and its various topics and problems. Moreover, the CISG has had a great influence on modern domestic laws, such as the German Law of Obligations and the codifications in former Socialist states as well as on projects to unify the law, for example the UNIDROIT Principles for International Commercial Contracts and the European Principles of Contract Law. This is the third English edition of the Commentary on the UN Convention on the International Sale of Goods (CISG), the first having published in 1998. It is based on a broad comparative analysis of decisions and scholarly contributions from all states which have enacted the Convention. The contributors to this book, all being experts in their respective fields, base their analysis on the conviction that understanding and interpretation of the Convention requires close comparison and careful consideration of judicial and scholarly views from all jurisdictions. The previous editions of this Commentary have become an important source for the reading and explanation of the Convention, and are frequently cited by legal writers, courts and tribunals from all over the world. Since the second edition of the Commentary published in March 2005, 10 countries including Japan and Turkey have acceded to the CISG, and the UK is now the only important trading nation that is not party to the Convention. The recent reporting of 273 CIETAC awards on the CISG not only demonstrates the level of litigious activity in the field but also sheds light on the Chinese perspective on the convention. The Advisory Council of the CISG (CISG-AC) has adopted four new opinions with comments on important issues such as the contracts for sale of goods to be manufactured or produced, the buyers right to avoid the contract in case of non-conforming goods or contracts, the calculation of damages under CISG, Art 74, and the exemption of liability for damages under CISG, Art 79. This third edition of the Commentary considers the developments brought about by the accession of these new states, as well as commenting on major decisions in international case law and the impact of developments in domestic law (such as AG v Blake [2001] 1 AC 268) on an international level.

Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG)

Business & Money

International

Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. The CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Kee, Christopher

Hachem, Pascal

This is the third edition of the casebook providing an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention and will be particularly useful for international trade lawyers, practitioners and students. 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 an updated 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. Sample questions and answers are also included, which make it particularly helpful for self-study purposes.

International Sales Law: A Guide to the CISG

Fountoulakis, Christiana

Dimsey, Mariel

Hart Publishing

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.

Schlechtriem & Schwenzer Comentario sobre la Convención de las Naciones Unidas sobre los Contratos de Compraventa Internacional Tomo II

Editorial Tirant lo Blanch

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Books by Schwenzer, Ingeborg

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Global Commercial Contracts: Introduction to CISG, PICC and other International Instruments

Global Commercial Contracts: Introduction to CISG, PICC and other International Instruments

Global Sales and Contract Law

Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (CISG)

Global Sales and Contract Law

International Sales Law: A Guide to the CISG

International Sales Law: A Guide to the CISG

Schlechtriem & Schwenzer Comentario sobre la Convención de las Naciones Unidas sobre los Contratos de Compraventa Internacional Tomo II