Current Issues in the CISG and Arbitration.

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 1 -- 3.4 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 GOODS.

8.1 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 PARTIES -- 9.5 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 -- 10.9 DOCUMENTS RELATING TO THE GOODS (ARTICLE 34 OF THE CISG) -- 10.10 CONCLUSION -- 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 -- 11.1 INTRODUCTION: ARTICLE 35 AND ITS CASE LAW SINCE 2000 -- 11.2 OLD FRIENDS: COMPLIANCE WITH PUBLIC REGULATIONS OF THE BUYER'S JURISDICTION -- 11.3 PROOF OF LACK OF CONFORMITY: DRAWING THE LINE BETWEEN ISSUES GOVERNED BY THE CONVENTION AND ISSUES SUBJECT TO NON-UNIFORM D -- 11.4 THE 'CUMULATIVE' VS. 'DEFAULT RULE' VIEWS OF ARTICLE 35(2), WITH OBSERVATIONS ON THE NATURE AND PURPOSE OF ARTICLE 35 -- 11.5 CONCLUSION.

CHAPTER 12: SELLER'S LIABILITY FOR DEFECTS IN TITLE ACCORDING TO ARTICLES 41 AND 42 OF THE CISG -- 12.1 INTRODUCTION -- 12.2 GENERAL LIABILITY FOR DEFECTS IN TITLE UNDER THE CISG -- 12.3 LIMITATION OF LIABILITY UPON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS -- 12.4 DIFFERENCES BETWEEN ARTICLE 41 AND ARTICLE 42 CISG -- 12.5 CONCLUSIONS -- CHAPTER 13: BUYER'S OBLIGATIONS -- 13.1 INTRODUCTION -- 13.2 BUYER'S OBLIGATIONS -- 13.3 SELLER'S REMEDIES -- 13.4 CONCLUSION -- CHAPTER 14: INCOTERMS 2010 -- 14.1 INTRODUCTION AND PURPOSE OF INCOTERMS -- 14.2 SUBSEQUENT REVISIONS -- 14.3 THE REVISION METHODOLOGY -- 14.4 THE PRESENTATION AND STRUCTURE OF INCOTERMS 2010 -- 14.5 THE INTRODUCTION OF DAT AND DAP -- 14.6 ABOLISHING THE SHIP'S RAIL AS RISK TRANSFER POINT -- 14.7 LEGAL STATUS OF INCOTERMS -- CHAPTER 15: SPECIFIC PERFORMANCE -- 15.1 INTRODUCTION -- 15.2 THE CREDITOR'S RIGHT TO REQUIRE PERFORMANCE -- 15.3 JUDGMENT FOR SPECIFIC PERFORMANCE (ARTICLE 28 OF THE CISG) -- 15.4 CONCLUSION -- CHAPTER 16: RESTRICTIONS TO BUYERS' RIGHT OF AVOIDANCE ACCORDING TO THE CISG AND THE TURKISH CODE OF OBLIGATIONS -- 16.1 INTRODUCTION -- 16.2 CHOICE OF SUBJECT MATTER: BUYER'S RIGHT TO AVOID THE CONTRACT DUE TO SELLER'S BREACH OF CONTRACT -- 16.3 THE SIGNIFICANCE OF AVOIDING A CONTRACT -- 16.4 RESTRICTIONS TO BUYER'S RIGHT OF AVOIDING THE SALE ACCORDING TO THE CISG -- 16.5 GRAVITY OF THE BREACH OF CONTRACT -- 16.6 THE SELLER MUST HAVE FAILED TO REMEDY THE BREACH (SECOND SERVE) -- 16.7 BUYER'S OBLIGATION TO GIVE ADDITIONAL TIME TO SELLER TO DELIVER THE UNDELIVERED GOODS -- 16.8 THE RIGHT OF AVOIDANCE MUST BE EXERCISED WITHIN A REASONABLE TIME -- 16.9 FOLLOWING AVOIDANCE, IT MUST BE POSSIBLE TO RESTITUTE THE GOODS IN THE CONDITION IN WHICH THEY WERE RECEIVED -- 16.10 CONSEQUENCES OF EXERCISING THE RIGHT OF AVOIDANCE, ASSUMING IT HAS SURVIVED ALL THESE RESTRICTIONS.

16.11 CONCLUSION: OVERALL ASSESSMENT -- CHAPTER 17: CALCULATING DAMAGES FOR DELIVERY OF NON-CONFORMING GOODS -- 17.1 INTRODUCTION -- 17.2 CONCRETE VERSUS ABSTRACT CALCULATION -- 17.3 DEFECTIVE DELIVERY, THE MEANING OF 'LOSS' AND THE PROBLEM OF 'PERFORMANCE INTEREST' -- 17.4 CONCLUSION -- CHAPTER 18: INTEREST CLAIMS UNDER THE CISG: UNIFORM OR DOMESTIC LAW APPROACH? -- 18.1 INTRODUCTION -- 18.2 DRAFTING HISTORY -- 18.3 SUGGESTED INTERPRETATION OF ARTICLE 78 -- 18.4 PREREQUISITES OF BEING IN ARREARS TO ARTICLE 78 OF THE CISG -- 18.5 CALCULATION OF INTEREST -- 18.6 COMPOUND INTEREST -- 18.7 MODALITIES OF PAYMENT -- 18.8 DEFENCES AGAINST AN INTEREST CLAIM -- 18.9 CESSATION AN INTEREST CLAIM -- 18.10 RELATION OF INTEREST TO ADDITIONAL DAMAGES -- 18.11 BURDEN OF PROOF.

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).

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.