Business / Commercial Law

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

Edited by Stefan Vogenauer · Jan Kleinheisterkamp
Oxford University Press February 2009

Specifications

ISBN-13
9780199291755
Publisher
Oxford University Press
Publication
February 2009
Format
Hardback , 1552 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • 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.

Table of Contents

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



 


 



About the Author

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

Reviews

"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


 


 



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