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This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
Part I. History and Researching the CISG: 1. Global challenge of international sales law Larry A. DiMatteo; 2. History of the CISG and its present status Vikki Rogers and Kaon Lai; 3. CISG: divergences between success-scarcity and theory-practice Olaf Meyer; 4. CISG sources and researching the CISG Marie Stefanini Newman; 5. CISG translation issues: reducing legal babelism Claire M. Germain; 6. CISG in national courts Camilla Andersen; Part II. Interpretation and Use of CISG: 7. Interpretive methodologies in the interpretation of the CISG Larry A. DiMatteo and André Janssen; 8. Divergent interpretations - reasons and solutions Ingeborg Schwenzer; 9. Good faith principle - vexata quaestio Francesco G. Mazzotta; 10. CISG and international arbitration André Janssen and Matthias Spilker; 11. The CISG as soft law and choice of law Lisa Spagnolo; Part III. Interpreting CISG's Substantive Provisions: 12. Contract formation Morton Midtgaard Fogt; 13. CISG and the battle of the forms Bruno Zeller; 14. Conformity of goods - inspection and notice Harry M. Flechtner; 15. Interpreting fundamental breach Aneta Spaic; Part IV. Remedies and Damages: 16. Remedies - damages, price reduction, avoidance, mitigation, and preservation Ulrich Magnus; 17. Legal costs as reimbursable damages Burghard Piltz; 18. Excuse of impediment and its usefulness Martin Davies; Part V. Country Analyses: Europe: 19. Austria Wolfgang Faber; 20. Baltic states, Belarus, and Ukraine Tadas Klimas; 21. France Sylvaine Poillot-Peruzzetto; 22. Germany country analysis - good faith, formation, and conformity of goods Stefan Kröll; 23. Germany country analysis - remedies Sörren Kiene; 24. Italy Edoardo Ferrante; 25. The Nordic countries Jan Ramberg; 26. CISG in Southeastern Europe Milena Djordjević and Vladimir Pavić; 27. Spain Pilar Perales Viscasillas and Javier Solana Álvarez; 28. Switzerland Corinne Widmer Lüchinger; 29. The Netherlands Sonja A. Kruisinga; Part VI. A World View of the CISG: 30. Islamic legal systems and the CISG: the case of Egypt Hossam A. El-Saghir; 31. Israel Yehuda Adar; 32. New Zealand Petra Butler; 33. Peoples' Republic of China Li Wei; 34. United States and Canada Robert W. Emerson and Ann M. Olazábal; 35. Central and South America Virginia G. Maurer; 36. CISG across national legal systems Larry A. DiMatteo; Part VII. Theoretical Insights: 37. Problems of uniform laws Jan M. Smits; 38. CISG as bridge between common and civil law Sieg Eiselen; 39. Pre-contractual liability and preliminary agreements Marco Torsello; Part VIII. Practitioner's Perspective: 40. Empirical evidence of courts and counsels' approach to the CISG (with some remarks on professional liability) Ulrich Schroeter; 41. CISG and English sales law: an unfair competition Qi Zhou; 42. CISG in context of complementary texts Luca Castellani; 43. Soft laws as models for the improvement of the CISG Ole Lando; 44. Using the CISG proactively Helena Haapio; 45. Future challenge of international sales law Larry A. DiMatteo.
This book brings together scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods.
Larry A. DiMatteo is the Huber Hurst Professor of Contract Law and Legal Studies at the Warrington College of Business Administration and Affiliated Professor at the Levin College of Law at the University of Florida. He is the author or editor of more than seventy scholarly publications including International Sales Law: A Critical Analysis of the CISG (2005) and Commercial Contract Law: Transatlantic Perspectives (2013). Professor DiMatteo obtained his JD from Cornell Law School; LLM from Harvard Law School; and PhD in Business and Commercial Law from Monash University, Victoria.
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