Current Issues in the CISG and Arbitration

Ingeborg Schwenzer, Yesim M Atamer, Petra Butler

• Publisher: Eleven International Publishing
• Year: 2014
• Topic: Law
• eBook ISBN:
  9789460948701
• Subtopic: Commercial Law
• Index: Law

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 relationship to arbitration. Contributions cover, inter alia, the applicability of the CISG, interpretation and gap filling under the CISG, and the delivery of goods under the CISG. Those who are more familiar with the CISG will find some thought provoking contributions that explore some of the pertinent CISG issues, like interest claims under the CISG, the calculation of damages, and specific performance. (Series: International Commerce and Arbitration [ICA] - Vol. 15)

Table of contents

• COVER
• HALF TITLE PAGE
• TITLE PAGE
• COPYRIGHT
• TABLE OF CONTENTS
• LIST OF CONTRIBUTORS
• EDITORIAL
• CHAPTER 1: LEGAL ANSWERS TO GLOBALIZATION
• CHAPTER 2: THE CISG AS TRANSNATIONAL RULES – FRAMEWORK AND USE IN PRACTICE
• CHAPTER 3: APPLICABILITY OF THE CISG – ARTICLES 1 AND 6
• CHAPTER 4: INTERNATIONAL DISTRIBUTION CONTRACTS AND CISG
• CHAPTER 5: ARBITRATION AND THE CISG
• CHAPTER 6: CHALLENGES TO COUNSEL IN INTERNATIONAL ARBITRATION: CAN WE SHUT THE STABLE DOOR?
• CHAPTER 7: INTERPRETATION AND GAP-FILLING UNDER THE CISG
• CHAPTER 8: ELECTRONIC COMMERCE WITHIN THE FRAMEWORK OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
• CHAPTER 9: INTEGRATION OF THE UN ELECTRONIC COMMUNICATIONS CONVENTION AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
• CHAPTER 10: DELIVERY OF GOODS UNDER THE CISG
• CHAPTER 11: DECISIONS ON CONFORMITY OF GOODS UNDER ARTICLE35 OF THE UN SALES CONVENTION (CISG): THE‘MUSSELS CASE’, EVIDENTIARY STANDARDS FOR LACK OF CONFORMITY, AND THE ‘DEFAULT RULE’ VS. ‘CUMULATIVE’ VIEWS OF IMPLIED CONFORMITY OBLIGATIONS
• CHAPTER 12: SELLER’S LIABILITY FOR DEFECTS IN TITLE ACCORDING TO ARTICLES 41 AND 42 OF THE CISG
• CHAPTER 13: BUYER’S OBLIGATIONS
• CHAPTER 14: INCOTERMS 2010
• CHAPTER 15: SPECIFIC PERFORMANCE
• CHAPTER 16: RESTRICTIONS TO BUYERS’ RIGHT OF AVOIDANCE ACCORDING TO THE CISG AND THE TURKISH CODE OF OBLIGATIONS
• CHAPTER 17: CALCULATING DAMAGES FOR DELIVERY OF NON-CONFORMING GOODS
• CHAPTER 18: INTEREST CLAIMS UNDER THE CISG: UNIFORM OR DOMESTIC LAW APPROACH?