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Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)

Author: Stefan Vogenauer; Jan Kleinheisterkamp
Publisher: Oxford University Press
ISBN: 9780199291755
Published In: February 2009
Format: Hardback , 1552 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
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Practical commentary is coupled with in-depth scholarly analysis enhancing understanding of the rules governing international contracts
Comparative approach enhances the reader's understanding of different jurisdictions
Includes a special section on practical application in arbitration
Clearly structured and easy to navigate article by article commentary provides quick access to all the case-law and legal literature needed to address a specific problem
International team of contributors comprising academics and practitioners from 9 jurisdictions give a fresh and unbiased analysis of the subject
Annexes include tables of national and international case-law and legislation, correspondence tables with Principles of European Contract Law and Vienna Convention on International Sale of Goods

The Commentary on the UNIDROIT Principles of International Commercial Contracts

is written by an international team of distinguished practitioners and academics. They offer an article by article commentary on the principles to provide an accessible guide to the existing case law and legal literature, as well as a comparison with national and international legislation.

The UNIDROIT Principles of International Commercial Contracts are the result of the ambitious quest to codify the lex mercatoria; those unwritten rules of the game by which merchants have always understood to do international business. Since the publication of their first version in 1994, the UNIDROIT Principles have been impressively successful. They have become a serious alternative to national contract laws in international disputes decided by arbitral tribunals, such as those administered by the International Chamber of Commerce (ICC). At the same time, they have been accepted as a model for reforming the laws on international contract, by countries such as Russia, Lithuania, and China. With the publication of a new version of the Principles in 2004, this first phase of codifying international contract law is now considered to be finished.

This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision. As a result, this book aims to increase understanding of the rules governing international contracts and aid the practical application of the Principles.

Readership: Commercial solicitors and litigators involved in drafting international contracts and international arbitration; national legislators and judges; scholars and students interested in international contracts and commercial law.

1: General Provisions

2: Formation and Authority of Agents

3: Validity

4: Interpretation

5: Content and Third Party Rights

6: Performance

7: Non-Performance

8: Set-off

9: Assignment of Rights, Transfer of Obligations, Assignment of Contracts

10: Limitations Periods

Edited by Stefan Vogenauer, Professor of Comparative Law and Fellow of Brasenose College, University of Oxford; Director of the Oxford Institute of European and Comparative Law, and Jan Kleinheisterkamp, Assistant Professor of Law, HEC School of Management

Contributors:

Professor Yesim Atamer, Istanbul Bilgi University

Professor Jacques du Plessis, University of Stellenbosch,

Professor Peter Huber, Johannes Gutenberg-Universitat

Dr Thomas Krebs, University of Oxford

Dr Francessca Mazza, ICC International Court of Arbitration

Professor Ewan McKendrick, University of Oxford

Professor Ralph Michaels, Duke University School of Law

Professor Tjakie Naudé, University of Stellenbosch

Professor Pascal Pichonnaz, University of Fribourg

Dr Harriet Schelhaas, Stibbe

Matthias Scherer, Lalive & Partners

Professor Robert Wintgen, University of Saint-Etienne

"The commentary is a work of a high scholarly quality. I predict that it will be a standard work for lawyers who are involved in international commerce, and that it will promote the use of PICC." - Ole Lando, Common Market Law Review

"Both editors are to be complimented on this commentary, which combines high scientific standard with optimum practical usefulness. This commentary sets the benchmark for similar oeuvres and is a 'must' for every practitioner and scholar in this field" - Prof Dr iur Christiana Foutoukalis, Fribourg

"The commentary is an important development in the scholarship on the PICC. It will become a major source of reference for anyone working with the PICC and in the area of comparative contract and commercial law" - Djakhongir Saidov, The Edinburgh Law Review