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Current issues in the CISG and arbitration
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- Summary
-
This book is a compilation of proceedings of two conferences on the United Nations Convention on the Contracts for the International Sale of Goods (CISG). The first conference was held at the Istan...
This book is a compilation of proceedings of two conferences on the United Nations Convention on the Contracts for the International Sale of Goods (CISG). The first conference was held at the Istanbul Bilgi University (Turkey) and the second conference on the occasion of the Arbitrators and Mediators Institute of New Zealand meeting in Wellington, New Zealand. Both conferences aimed to provide a better understanding of the CISG, as well as the importance of international dispute resolution. The book allows all readers who are new to the CISG to gain an understanding of the CISG, including its
Details
- Creator
- Ingeborg Schwenzer, Yesim M. Atamer, and Petra Butler (editors)
- Format
- Books
- Language
- English
- Contributors
- Publication
-
- 1st ed
- Hague, Netherlands : Eleven International Publishing, 2014
- ©2014
- Physical Details
-
- 1 online resource (311 p.)
- ISBNs
- 9789460948701, 9460948707, 1322319324, 9462360979
- OCLC
- ocn874179450
- Description based upon print version of record.
- English
- COVER; HALF TITLE PAGE; TITLE PAGE; COPYRIGHT; TABLE OF CONTENTS; LIST OF CONTRIBUTORS; EDITORIAL; CHAPTER 1: LEGAL ANSWERS TO GLOBALIZATION; 1.1 INTRODUCTION; 1.2 DISPUTE RESOLUTION MECHANISMS; 1.3 GLOBALIZATION OF LAW; 1.4 LEGAL PROFESSION AND EDUCATION; 1.5 CONCLUSION; CHAPTER 2: THE CISG AS TRANSNATIONAL RULES - FRAMEWORK AND USE IN PRACTICE; 2.1 FIRST STEP - FRAMEWORK; 2.2 SECOND STEP - BASIC CONCEPTS; 2.3 THIRD STEP - USE OF THE CISG IN PRACTICE; 2.4 CONCLUSION; CHAPTER 3: APPLICABILITY OF THE CISG - ARTICLES 1 AND 6; 3.1 INTRODUCTION; 3.2 FIRST STEP - INTRODUCTION
- 3.3 SECOND STEP - ARTICLE 13.4 THIRD STEP - ARTICLE 6; 3.5 CONCLUSION; CHAPTER 4: INTERNATIONAL DISTRIBUTION CONTRACTS AND CISG; 4.1 INTRODUCTION; 4.2 INTERNATIONAL DISTRIBUTION CONTRACTS AND THE CURRENT APPLICATION OF THE CISG BY CASE LAW; 4.3 TOWARDS A BROADER APPLICATION OF THE CISG TO INTERNATIONAL DISTRIBUTION CONTRACTS; CHAPTER 5: ARBITRATION AND THE CISG; 5.1 INTRODUCTION; 5.2 THE CISG AS THE LAW APPLICABLE TO THE MERITS; 5.3 THE APPLICATION OF THE CISG TO THE ARBITRATION AGREEMENT; 5.4 CONCLUSION
- CHAPTER 6: CHALLENGES TO COUNSEL IN INTERNATIONAL ARBITRATION: CAN WE SHUT THE STABLE DOOR?6.1 INTRODUCTION; 6.2 RIGHT TO AN IMPARTIAL AND INDEPENDENT ARBITRAL TRIBUNAL; 6.3 INHERENT AND DISCRETIONARY POWERS OF AN ARBITRAL TRIBUNAL; 6.4 CONFLICTED COUNSEL: MANAGING THE MISCHIEF; 6.5 THE IBA GUIDELINES ON PARTY REPRESENTATION IN INTERNATIONAL ARBITRATION; 6.6 CONCLUSION; CHAPTER 7: INTERPRETATION AND GAP-FILLING UNDER THE CISG; 7.1 INTRODUCTION; 7.2 INTERPRETATION OF THE CISG; 7.3 GAP-FILLING; 7.4 THE CISG AND THE PICC; 7.5 CONCLUSION
- CHAPTER 8: ELECTRONIC COMMERCE WITHIN THE FRAMEWORK OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS8.1 INTRODUCTION: WHAT IS MEANT BY ELECTRONIC COMMERCE?; 8.2 CIGS RULES FOR CONTRACT FORMATION; 8.3 ELECTRONIC CONTRACTING; 8.4 INTERNET AND WORLD WIDE WEB; 8.5 ANALYSIS; 8.6 CONCLUSION; CHAPTER 9: INTEGRATION OF THE UN ELECTRONIC COMMUNICATIONS CONVENTION AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS; 9.1 INTRODUCTION; 9.2 THE CISG AND ELECTRONIC TRADE; 9.3 E-COMMERCE UNCITRAL INSTRUMENTS
- 9.4 SCOPE AND LOCATION OF THE PARTIES9.5 WRITING; 9.6 SIGNATURE; 9.7 NON-VARIATION CLAUSES; 9.8 MISTAKE; 9.9 CONCLUSION; CHAPTER 10: DELIVERY OF GOODS UNDER THE CISG; 10.1 INTRODUCTION; 10.2 PRACTICAL IMPORTANCE OF THE PROVISIONS ON DELIVERY OF GOODS; 10.3 MAIN OBLIGATIONS OF THE SELLER (ARTICLE 30 OF THE CISG); 10.4 DELIVERY OF THE GOODS AND PLACE OF DELIVERY (ARTICLE 31 OF THE CISG); 10.5 JURISDICTION AT THE PLACE OF PERFORMANCE; 10.6 TIME OF DELIVERY (ARTICLE 33 OF THE CISG); 10.7 NOTICE OF DELIVERY (ARTICLE 32 OF THE CISG)
- 10.8 CONCLUSION OF CONTRACT OF CARRIAGE (ARTICLE 32(2) OF THE CISG) AND COSTS OF TRANSPORT