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 UNIDROIT Principles represent a totally new approach to international trade law. They are the result of years of intensive study by leading experts in the field of contract and international trade law from all the major legal and socio-economic systems of the world. They consist of a Preamble and 119 articles divided into seven chapters (General Provisions; Formation; Validity; Interpretation; Content; Performance; and Non-Performance). The chapter on performance contains a special section on hardship, while the chapter on non-performance deals with such questions as the right to performance, termination, and damages. "An International Restatement of Contact Law" was the first commenatary on the UNIDROIT Principles to be published. It provides an insider's view into the origin, preparation, and basic ideas of the Principles. Moreover, it illustrates the various ways in which the UNIDROIT Principles may be used by the international community, such as legislators, judges, arbitrators, and lawyers. This second, enlarged edition includes four new chapters; two additional foreign language versions of the Principles; as well as 25 recent court decisions and arbitral awards mentioning the Principles.
No one but Professor Bonell ... was better qualified to write this sort of "Discours preliminaire" to the UNIDROIT Principles.... There is no doubt that his International Restatement of Contract Law will induce all interested circles (practitioners, judges, legislators, & academics) to take account of the UNIDROIT Principles & to accord them the importance they merit. Prof. Denis Tallon, University of Paris II Clearly illustrates the ways in which the Principles may be used by the international community ... it is an easily read statement of the principles of commercial contracts for practitioners & students alike. Allan D. Rose, President of the Australian Law Reform Commission Provides, in clear & simple language, a vivid, descriptive & comparative analysis of the UNIDROIT Principles. Prof. Paul A. Crepeau, McGill University, Immediately recognized all over the world in its first edition as the definitive treatment of international contract law as restructured by the UNIDROIT Principles, this substantially revised & expanded new edition augments its already comprehensive coverage with analysis of: . the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG); . the Principles of European Contract Law; . the first practical experiences with the UNIDROIT Principles; & . a survey of the first major decisions rendered by arbitral tribunals & State courts thus far.
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. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. 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. Published under the Transnational Publishers imprint.
The Unidroit Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts: They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts They contain multiple solutions to typical contractual questions regarding the life of a contract, often by way of a compromise between civil and common law They have been referenced in hundreds of decisions of arbitral tribunals or national state courts They have been endorsed inter alia by the United Nations Commission on International Trade Law (last in 2021) and the Union Internationale des Avocats (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries. Thirty years after their first publication, it is arguably malpractice to ignore them. In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material. The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. The author is using the Unidroit Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the Unidroit Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting. Die Unidroit Principles of International Commercial Contracts sind das ideale Instrument für grenzüberschreitende Verträge: sie bilden ein neutrales, pragmatisches und wirtschaftsorientiertes Regime für grenzüberschreitende Verträge sie enthalten zahlreiche praxisnahe Lösungen für übliche Vertragsfragen und versöhnen dabei Civil Law und Common Law Unidroit Principles werden in zahlreichen Entscheidungen von Schiedsgerichten oder nationalen Gerichten zitiert u.a. befürwortet von der Kommission der Vereinten Nationen für internationales Handelsrecht (zuletzt 2021) und der Union Internationale des Avocats (2020), die über ihre Anwaltskammern und Einzelmitglieder rund zwei Millionen Anwälte in mehr als 110 Ländern vereinen. Nach dreißig Jahren Anwendung in der Praxis kann es sich rächen, die Unidroit Principles zu ignorieren! Die vollständig überarbeiteten und erweiterte 2. Auflage des Kommentars analysiert weiterhin die Unidroit Principles, Artikel für Artikel, aus Sicht des Praktikers. Alternative Handlungsmöglichkeiten werden dort erörtert, wo sie sinnvoll und anwendbar sind. Der Kommentar enthält Vorschläge für die Wahl der Klauseln der Unidroit Principles und praktische Anleitungen für deren Verwendung, auch als Vorlage oder zur Ergänzung des CISG oder des nationalen Rechts. Neben Schiedsgerichts- und staatlichen Gerichtsentscheidungen sowie aktueller Literatur enthält die 2. Auflage eine eingehende Analyse des umfangreichen Gesetzesmaterials. Als deutscher Praktiker mit internationaler Ausbildung ist der Autor mit dem Common Law und dem Civil Law bestens vertraut. Er ist als Rechtsanwalt in New York zugelassen und lehrt als Professor für Rechtswissenschaften an der Universität Hamburg. Der Autor wendet die Unidroit Principles seit 20 Jahren in seiner täglichen Handels- und Schiedsgerichtspraxis an. Aufgrund zahlreicher Berichterstattung aus der Praxis bietet der Kommentar zugleich ein Handbuch und Checklisten zum allgemeinen Schuldrecht in grenzübergreifenden Fällen.
Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.
Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.
With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
