Schlechtriem and Schwenzer: Commentary on the UN Convention on the International Sale of Goods: CISG, 3rd Edition

Name: Schlechtriem and Schwenzer: Commentary on the UN Convention on the International Sale of Goods: CISG, 3rd Edition
Brand: Oxford University Press
SKU: 9780199568970
Price: 3467.75 HKD
Availability: OutOfStock
Author: Ingeborg Schwenzer
ISBN: 9780199568970

By Ingeborg Schwenzer

Oxford University Press January 2010

Specifications

ISBN-13: 9780199568970
Publisher: Oxford University Press
Publication: January 2010
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

The leading and reliable Commentary frequently cited by courts and tribunals all over the world
A complete and thorough comparative analysis of all accessible decisions by courts and arbitral tribunals throughout the world, offering a convenient single source of reference
Includes a full index of cases

New to this edition

Discussion of developments brought about by the accession of over 10 new contracting states, including Japan and Turkey
Commentary on the translation of 273 CIETAC awards on the CISG by the Queen Mary translation programme, the first case law reporting to shed light on a Chinese perspective on the Convention
Consideration of the new opinions adopted by the Advisory Council of the CISG (CISG-AC) on topics such as exemption of liability for damages and calculation of damages under CISG
Includes full text of the INCOTERMS 2000

The UN Convention on Contracts for 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, the European Principles of Contract Law and most recently the European Draft Common Frame of Reference.

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 have acceded to the CISG, Turkey is about to ratify it, 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. This third edition of the Commentary comments on major decisions in international case law and the impact of developments in domestic law on an international level. The Commentary also considers the new opinions of the CISG Advisory Council (CISG-AC) on important issues such as the buyer's right to avoid the contract in case of non-conforming goods or documents, the calculation of damages under CISG, Art 74, the exemption of liability for damages under CISG, Art 79, and the calculation of damages under CISG, Arts 75 and 76.

Readership: Practitioners, in-house lawyers, academics, postgraduate students, judges and reference libraries.

Full Text of the Convention on Contracts for the International Sale of Goods

Introduction

Preamble

Part I: Sphere of Application and General Provisions

Sphere of Application

General Provisions

Part II: Formation of the Contract

General Provisions

Obligations of the Seller

Obligations of the Buyer

Passing of Risk

Provisions Common to the Obligations of the Seller and of the Buyer

Part IV: Final Provisions

Full Text of the Convention on the Limitation Period in the International Sale of Goods

Commentary on the Convention on the Limitation Period in the International Sale of Goods

Appendices

Appendix I: Status of the United Nations Convention on Contracts for the International Sale of Goods

Appendix II: Status of the Convention on the Limitation Period in the International Sale of Goods

Appendix III: Documents

Appendix IV: Concordance Table of Hague Uniform Sales Laws Provisions (ULF/ULIS) and CISG

Appendix V: UNIDROIT Principles of International Commercial Contracts 2004

Appendix VI: INCOTERMS 2000

About the Author

Edited by Ingeborg Schwenzer, Professor of Law, University of Basel

Link to AUTHOR'S page about this book

Contributors:

Dr iur Klaus Bacher, Judge, Bundesgerichtshof (Federal Supreme Court), Germany
Dr iur Christiana Fountoulakis, Privatdozentin (Assistant Professor), University of Basel
Dr iur Pascal Hachem ACIArb, Senior Research Assistant at the University of Basel
Dr iur Günter Hager, Professor, University of Freiburg
Dr iur Florian Mohs LLM (Victoria University of Wellington), Attorney at Law, Lecturer at the University of Basel
Dr iur Markus Müller-Chen, Professor, University of St Gallen, Attorney at Law
Dr iur Peter Schlechtriem DR MCL (University of Chicago), Emeritus Professor, University of Freiburg, Dr hc (University of Basel), Dr hc (University of Tartu)
Dr iur Martin Schmidt-Kessel, Professor, University of Osnabrück
Dr iur Ulrich G Schroeter, Akademischer Rat (Assistant Professor), University of Freiburg
Dr iur Ingeborg Schwenzer LLM (UC Berkeley), Professor, University of Basel
Dr iur Corinne Widmer, Privatdozentin (Assistant Professor), Universities of Basel and St Gallen, Attorney at Law

Reviews

"The Commentary by Schlechtriem and Schwenzer has been the gold standard of CISG scholarship for years. Readers who have come to expect in depth discussions of the articles of the CISG combined with a thorough and complete review of the relevant case law will not be disappointed by the third (English) edition. The Commentary will continue to be the standard reference work in its field, indispensable to practitioners and academics alike." - Stefan Vogenauer, Professor of Comparative Law University of Oxford

"Practitioners who wish to decide whether to maintain or exclude CISG as the governing law of their clients' contract, or those who wish to address implementation or interpretation issues in the context of the resolution of disputes, will find in this easy-to-use commentary excellent and comprehensive guidance. This leading commentary is also an outstanding source of information for academics and students" - Fadi Moghaizel, International Company and Commercial Law Review

Review(s) from previous edition

"The publication of Prof. Peter Schlechtriem's excellent and authoritative book on the CISG comes at a most opportune time. The book is an indispensable aid to understanding, using and applying the CISG.' - The Rt Hon Lord Steyn

"The German book of which this is an English version is the largest and most exhaustive commentary on the Convention in any language. Professor Schlechtriem is an internationally recognized expert on the subject and the book which he and his collaborators have produced has established a position of authority in Germany (and Germany has produced more case-law on the Convention than any other jurisdiction). While the book is written from the German point of view, it gives references to the case-law of other jurisdictions and, in particular, to the very large amount of scholarly writing in many languages which has accumulated around the Convention." - Barry Nicholas, Principal Brasenose College, University of Oxford

"The new English edition of Professor Schlechtriem's outstanding and highly respected Commentary on the UN Convention for International Sales (CISG) will become a most significant source of commercial law for students, scholars and practitioners around the world. The accuracy and quality of the original German edition is maintained throughout the excellent translation by Geoffrey Thomas. Like its German language predecessor, this English edition recognizes the truly international character of the CISG and will thus promote the uniform application which the Convention requires and deserves. " - Joseph Lookofsky, Professor, University of Copenhagen

"A great achievement! Of all the existing commentaries on CISG, Professor Schlechtriem's Commentary not only provides the best comparative references but also deals extensively with the growing body of international case law on the Convention. A rich source of information and an extremely useful tool for both academics and practitioners. Originally conceived for the German legal environment it is now fortunately available to a much wider public. " - Professor Dr Bonell, Director UNIDROIT, Centre for Comparative and Foreign Studies

"Practitoners who wish to decide whether to maintain or exclude CISG as the governing law of their clients' contract, or those who wish to address implementation or interpretation issues in the context of the resolution of disputes, will find in this easy-to-use commentary excellent comprehensive guidance. This leading commentary is also an outstanding source of information for academics and students" - Fadi Moghaizel, Moghaizel Law Offices, International Company and Commercial Law Review

"...a good introduction to the world of constitutional courts." - Jack Simson Caird, Legal Studies

"The Commentary...[provides] a brilliant scientific and comparative analysis, edited with precision, objectivity and ...in a spirit of openness and tolerance which opens up the Convention of Vienna to new horizons." - J Perovic, Revue de Droit International et de Droit Compare

"[This commentary] should form an essential part of the libraries of practitioners, academics, arbitrators and judges confronted with contracts governed by the CISG." - Journal of Private International Law vol 7 no 3

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