Understanding the CISG

Understanding the CISG

Author: Joseph Lookofsky

Publisher: Kluwer Law International B.V.

Published: 2022-08-09

Total Pages: 276

ISBN-13: 9403541938

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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 nearly one hundred Contracting States 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 regime. The CISG treaty demands an international interpretation, and this extensively updated Sixth Edition draws upon the full range of primary as well as secondary sources of CISG law, including clear and concise reports of the latest decisions, arbitral awards and scholarly opinion. Numerous concrete examples are provided throughout. With this book as their guide, lawyers and students who need to understand international sales law will confidently navigate key topic areas such as these: determining when the CISG applies; freedom of contract, opting out; interpretation of CISG treaty and CISG contracts; formation, validity, defenses to enforcement; obligations of the parties; remedies for breach; liability exemptions, hardship; and disclaimers, agreed remedies.


Understanding the CISG

Understanding the CISG

Author: Joseph Lookofsky

Publisher: Kluwer Law International B.V.

Published: 2017-05-15

Total Pages: 212

ISBN-13: 9041142096

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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


Understanding the CISG in the USA

Understanding the CISG in the USA

Author: Joseph M. Lookofsky

Publisher: Aspen Publishers

Published: 2004

Total Pages: 0

ISBN-13: 9789041122971

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More than 60 countries, including the United States of America, have ratified the Convention on Contracts for the international Sale of Goods (CISG). Since CISG Contracting Sales account for more than two-thirds of all world trade, the Convention clearly represents a key aspect of American Commercial law. By drawing comparisons with domestic (UCC) sales law, the author explains the CISG in terms familiar to American Jurists, just as special emphasis is placed on CISG decisions rendered by U.S courts and the Article 95 reservation made by the United States. But since the CISG treaty demands an international interpretation, this expanded and fully updated Second Edition continues to draw upon the full range of CISG sources, including the increasingly numerous decisions and awards rendered by courts and arbitrators worldwide. Concrete examples and illustration are provided throughout. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards.


Understanding the CISG in Europe

Understanding the CISG in Europe

Author: Herbert Bernstein

Publisher: Springer

Published: 1997-03-06

Total Pages: 222

ISBN-13:

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More than 40 countries, accounting for two-thirds of all world trade, have ratified the Convention on Contracts For The International Sale of Goods (CISG). Through a comparison and contrast with domestic law, The authors explain the CISG in terms familiar to European jurists. Because the CISG treaty demands an international interpretation, The authors draw heavily upon a broad base of CISG decisions, arbitral awards and doctrine from around the world. Concrete examples are provided throughout. The English language text will help European jurists to better communicate about CISG problems across language barriers. Those in academia will also appreciate the sources drawn upon And The comparative approach of this work.


Understanding the CISG

Understanding the CISG

Author: Joseph M. Lookofsky

Publisher:

Published: 2012

Total Pages: 239

ISBN-13: 9789041138200

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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.


Understanding the CISG

Understanding the CISG

Author: Joseph M. Lookofsky

Publisher: Kluwer Law International

Published: 2017

Total Pages: 263

ISBN-13: 9789041189578

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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


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

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

Author: Joseph Lookofsky

Publisher: Kluwer Law International B.V.

Published: 2022-01-21

Total Pages: 267

ISBN-13: 9403540737

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Convention on Contracts for the International Sales of Goods (CISG) and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Convention on Contracts for the International Sales of Goods (CISG and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law


The CISG

The CISG

Author: Peter Huber

Publisher: Walter de Gruyter

Published: 2009-04-27

Total Pages: 433

ISBN-13: 386653728X

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"... 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