Author: Bruno Zeller
Publisher: Oxford University Press
Release Date: 2009
Damages Under the Convention on Contracts for the International Sale of Goods, Second Edition presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Incorporating both worldwide judicial and arbitral decisions, Damages Under the CISG, Second Edition, is a unique and comprehensive guide to fully understanding this important area of law. It provides authoritative guidance on the differences that exist between uniform international instruments and domestic laws and offers comparative analysis of the calculation of damages under the civil and common law systems. The fault system and causation principle are compared with the foreseeability principle, one of the key considerations under Article 74 of the CISG. Where applicable to understanding damages issues, the UNIDROIT Principles and the Principles of European Contract Law are referenced in depth. These principles have been updated and the information revamped for the second edition, as well as additional information on fundamental breach of contract.
Author: Clayton P. Gillette
Publisher: Cambridge University Press
Release Date: 2016-04-29
Updated and expanded for the second edition, this volume provides attorneys, academics and students with a detailed yet accessible overview of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Adopted by more than eighty nations and governing a significant portion of international sales, the CISG regulates contract formation, performance, risk of loss, conformity to contractual requirements and remedies for breach. This volume explains the CISG doctrines and their ambiguities, and appraises the extent to which the doctrines reduce transaction costs for commercial actors. Its topic-based approach will be ideal for those pursuing academic analysis or subject-specific research.
Author: Pace International Law Review
Publisher: sellier. european law publ.
Release Date: 2006
The Review of the Convention on Contracts for the International Sale of Goods (CISG) is published yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars. This 2004-2005 volume includes articles such as: Claiming Damages in Export Trade on Recent Developments of Uniform Law; Article 74 of the United States Convention on Contracts for the International Sale of Goods; Brown & Root Services v. Aerotech Herman Nelson: The Continuing Plight of the U.N. Sales Convention in Canada; and Causation in Damages: The Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law.
Author: Michael Maggi
Publisher: Kluwer Law International B.V.
Release Date: 2004-01-01
Nations in all regions of the world today share a common international sales law, The United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.
This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
Author: Pace International Law Review
Publisher: sellier. european law publ.
Release Date: 2007
The Review of the of the Convention on Contracts for the International Sale of Goods (CISG) is published annually and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to the writings analyzing the various articles of the CISG, the book compiles translations of recent decisions as well as commentaries of notable cases relating to the CISG. The book provides a forum for legal discussion within the international legal community in the area of international sales law and is an authoritative source of reference for international scholars. This 2005-2006 volume includes the following articles: -- How the Fact of Accepting Good Faith as a General Principle of the CISG Will Bring More Uniformity -- Defective Performance in Contracts for International Sale of Goods: A Comparative Analysis Between the Brazilian Law and the 1980 United Nations Convention on Contracts for the International Sales of Goods -- Canadian Jurisprudence and the Uniform Application of the UN Convention on Contracts for the International Sale of Goods -- Good Faith in the CISG: The Interpretation Problems of Article 7
Author: Petar Sarcevic
Publisher: Kluwer Law International B.V.
Release Date: 2001-06-27
The contributors to this volume, well-known experts from Europe and the US, analyze various issues relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG). With its current global network of 58 Contracting States, the CISG is widely applied in practice today. To make the growing case law on this subject matter readily accessible, the UNCITRAL Secretariat in Vienna has set up a reporting system for national court decisions relating to the CISG. The extensive documentation already collected there and elsewhere will surely have a lasting impact on the ongoing scholarly debate on this topic. The present book is intended to contribute to this debate by addressing controversial issues relating to the interpretation and application of some important provisions of the new sales law. In addition, several authors also deal with the development of international principles of contract law, such as the Principles of European Contract Law, the UNIDROIT Principles and the lex mercatoria . In view of the increasing number of such rules, a discussion of the CISG would be incomplete without taking account of the relationship of the Convention to these principles as well.
The book aims to explore the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed in the book include: the basis for the right to claim damages, definition and purpose of damages, the idea of limiting damages, principles underlying the award of damages, classification of losses and heads of recoverable losses, causation, foreseeability, mitigation, standards of proving losses and methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages as well as on the body of cases and scholarly writings on the international instruments. In doing so, the book attempts to provide a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. The work will be of interest to practitioners involved in international commercial transactions, scholars and students interested in international commercial and comparative contract law.
Author: Peter Schlechtriem
Publisher: Springer Science & Business Media
Release Date: 2008-10-17
This book describes and analyses the rules and provisions of the United Nation Convention on the International Sale of Goods of 1980 - CISG-. The authors explain the details of the CISG’s text, report the essence of the scholarly discussions of its issues, and, in particular, present numerous cases decided by courts and arbitration tribunals both as illustrations of problems arising under the CISG and as case law interpreting the Convention. The book is mainly intended to be used in teaching, but it can also help practitioners to understand the structure and basic solutions of sales law issues encoded in the CISG.
Non-material assets, such as reputation, chance and emotional distress, have increasingly been considered to be more significant in commerce. The injury to such assets can have wide reaching effects. Nevertheless the recoverability of non-material losses has been difficult in international contract law. This thesis will be examining the law of damages of the UN Convention on Contracts for the International Sale of Goods, with regards to the possible means in receiving compensation for such losses. A comparative analysis of French, German and US law has been made in order to assess how in future non-material losses should be treated under the CISG. It has been concluded that, while a compensation of non-material losses is very desirable, the nature of the CISG makes this difficult. The works of the Advisory Council are of great importance as they have contributed to the target, to create a convention with uniform applicability. According to recent interpretation of the Convention, loss of reputation and lost chances can be recoverable in limited circumstances. But it is concluded that a wider approach could benefit business enterprises significantly.
Author: Nils Schmidt-Ahrendts
Publisher: Mohr Siebeck
Release Date: 2007
English summary: In the case of non-performance by one party, the other contracting party may choose between three different remedies: specific performance, damages and contract avoidance. In this book, Nils Schmidt-Ahrendts deals with the relationship between these three remedies in the context of the CISG, a subject controversial in practice as well as in literature. The source of this controversial debate is the diverging conception in today's common and civil law jurisdiction. In aiming to meet the expectations of practitioners and scholars alike, the author addresses the practical impact of the diverging conceptions of common and civil law on the calculation of damages in the case of a covering transaction. In doing so, the author outlines a fair allocation of risks in fluctuating markets. German description: Das Verhaltnis von Erfullung, Schadensersatz und Vertragsaufhebung im UN-Kaufrecht (CISG) ist gepragt durch das unterschiedliche Verstandnis des civil und des common law . Nils Schmidt-Ahrendts untersucht die daraus resultierenden Auswirkungen auf die Ersatzfahigkeit der Mehrkosten von Deckungsgeschaften unter Berucksichtigung der dogmatischen Grundstruktur des CISG, des Gebots der Rechtssicherheit sowie des Gebots einer hinreichend flexiblen und wirtschaftlich angemessenen Losung. Er kommt zu dem Ergebnis, dass das CISG den Glaubiger nur dazu berechtigt, unter der Bedingung der vorangehenden Vertragsaufhebung seinen Schaden anhand eines konkreten oder hypothetischen Deckungsgeschafts zu berechnen. Hierdurch soll verhindert werden, dass er die erschwerten Voraussetzungen einer Vertragsaufhebung umgeht. Ein im CISG normiertes Gebot der Schadensminderung erlegt dem Glaubiger die Pflicht auf, nach wirksamer Vertragsaufhebung ein angemessenes Deckungsgeschaft vorzunehmen, verpflichtet ihn jedoch weder dazu, bereits vor Vertragsaufhebung ein Deckungsgeschaft zu tatigen, noch dazu, durch eine fruhzeitige Vertragsaufhebung die Voraussetzung fur ein solches zu schaffen. Ebenso wenig gestattet das CISG dem Glaubiger, einen aus einem vorzeitigen Deckungsgeschaft entstandenen Differenzschaden zu liquidieren. Eine Ausnahme ist nur im Falle eines die Kosten des Deckungsgeschafts ubersteigenden Verzugsschadens sowie im Falle einer endgultigen und ernsthaften Erfullungsverweigerung des Schuldners denkbar, nicht aber anlasslich eines sich allein ungunstig entwickelnden Marktpreises.
Author: John A Trenor
Publisher: Law Business Research Ltd.
Release Date: 2018-01-18
Have you ever been frustrated that arbitration folk aren't more numerate? The Guide to Damages in International Arbitration is a desktop reference work for those who'd like greater confidence when dealing with the numbers. This second edition builds upon last year's by updating and adding several new chapters on the function and role of damages experts, the applicable valuation approach, country risk premium, and damages in gas and electricity arbitrations.This edition covers all aspects of damages - from the legal principles applicable, to the main valuation techniques and their mechanics, to industry-specific questions, and topics such as tax and currency. It is designed to help all participants in the international arbitration community to discuss damages issues more effectively and communicate them better to tribunals, with the aim of producing better awards. The book is split into four parts: Part I - Legal Principles Applicable to the Award of Damages; Part II - Procedural Issues and the Use of Damages Experts; Part III - Approaches and Methods for the Assessment and Quantification of Damages; Part IV - Industry-Specific Damages Issues
Author: John Honnold
Publisher: Kluwer Law International B.V.
Release Date: 2009-01-01
În explicit recognition of Professor Honnold's unique understanding of the Convention's development and the issues that occupied those who drafted and finalized the text, the substantial new textual material incorporated into this new edition is set in bold italics, allowing the reader to distinguish the work of the editor from text preserved from earlier editions, and thus identifying the material that carries Professor Honnold's special authority. Over three decades Professor Honnold's almost intuitive grasp of the instrument has guided governments, tribunals, scholars and practitioners towards an enlightened international understanding of the treaty. This new edition provides tribunals, practitioners, and scholars with even more invaluable insights into the meaning of each article of the Convention.
The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.
This new edition of the leading commentary on the United Nations Uniform Sales Law will assist practitioners and scholars in their understanding of the impact of the CISG on domestic and international laws of commerce. Previous editions have become an important source of guidance on the Convention, being frequently cited by courts worldwide