Understanding the CISG, Fifth (Worldwide) Edition
Understanding the CISG draws upon the full range of primary and secondary sources of the United Nations Convention on Contracts for the International Sale of Goods (CISG) law, including worldwide case law and scholarly opinion in this fully updated Fifth (Worldwide) Edition. The 1980 CISG regulates the rights of buyers and sellers in international sales. The Convention is the first sales law treaty to win acceptance on a worldwide scale, and the impressive list of some eighty-five CISG ‘Contracting States’ already accounts for more than three-fourths of all world trade. The importance of the CISG in the international arena is underlined by thousands of reported decisions where the CISG has been held to apply, thus evidencing the conduct of countless international traders who – by default or by express choice – regularly subject their sales contracts to the Convention. The CISG has also impacted on sales legislation at national and regional (e.g., EU) levels.
What’s in this book:
Concrete illustrations are provided throughout this book to help clarify key aspects of important CISG rules. The topics covered are the following:
- determining when the CISG applies;
- freedom of contract under Article 6;
- interpretation of the Convention and of CISG contracts;
- sales contract formation, validity, defenses to enforcement;
- obligations of the parties, including conforming delivery and payment;
- remedies for breach, including specific performance, damages and avoidance;
- liability exemptions; and
- key reservations under Articles 92–96.
Although CISG case law confirms that the Convention is often interpreted and applied in a harmonious fashion, the CISG is not always understood by all arbiters and commentators in an identical way. This edition of Understanding continues to account for such anomalies, particularly insofar as they impact on merchants (and their lawyers) in the real CISG world.
How this will help you:
This compact Convention guide takes account of many of CISG national court judgments and international arbitral awards, as well as the increasingly abundant CISG literature. This Fifth (Worldwide) Edition is designed for use by lawyers and students, in all of parts of the world, not least in the more than eighty ‘Contracting States’ where the CISG is now in effect, who need to understand international sales contracts and sales contract disputes.
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Chapter 1 Introduction and Overview
Chapter 2 Field of Application and General Provisions
Chapter 3 Sales Contract Formation
Chapter 4 Obligations of the Parties
Chapter 5 Passing of Risk
Chapter 6 Remedies for Breach
Chapter 7 Agreed Remedies
Chapter 8 CISG Reservations (and Other Final Provisions)
Chapter 9 The Limitation Period in International Sales
Appendix I Table of CISG Contracting States
Appendix II United Nations Convention on Contracts for the International Sale of Goods (1980)
Appendix III Table of Cases and Arbitral Awards
Appendix IV Table of Authorities and Abbreviations
Appendix V Table of CISG Provisions