Practitioner's Guide to the CISG - Second Edition
This work provides the important points practitioners are looking for on the CISG. It provides illumination of the meaning of the CISG's provisions in a succinct format that will aid the busy practitioner. With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Second Edition of A Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
TABLE OF CONTENTS
Foreword by Professor Albert H. Kritzer
About the Authors and Editors
Introduction: The Nature of CISG Case Law: The Key to Uniformity and Many Persuasive Examples for Counsel to Draw from by Francesco G. Mazzotta and Dr. Camilla Baasch Andersen
CHAPTER 1: Field of Application (Articles 1-6) by Francesco G. Mazzotta
CHAPTER 2: General Provisions (Articles 7-13) by Francesco G. Mazzotta
CHAPTER 3: Contract Formation (Articles 14-24) by Dr. Bruno Zeller
CHAPTER 4: The Sale of Goods: Provisions in Common to Buyer and Seller (Articles 25-29) by Dr. Camilla Baasch Andersen
CHAPTER 5: The Sale of Goods: Seller’s Obligations (Articles 30-44) by Dr. Camilla Baasch Andersen
CHAPTER 6: Obligations of the Seller (Articles 45-52) by Dr. Bruno Zeller
CHAPTER 7: Obligations of the Buyer (Articles 53-60) by Dr. Camilla Baasch Andersen
CHAPTER 8: Remedies Available to Seller for Breach of Contract by Buyer (Articles 61-65) by Dr. Camilla Baasch Andersen
CHAPTER 9: Breach of Contract: Claims and Related Provisions by Dr. Bruno Zeller (Articles 71-77, 81-83, 85-88) and Francesco G. Mazzotta (Articles 78-80, 84)
CHAPTER 10: Passing of Risk (Articles 66-70) by Francesco G. Mazzotta
CHAPTER 11: Final Provisions (Articles 90-101) by Francesco G. Mazzotta
Dr. Camilla Baasch Andersen [Author] is a Professor at the University of Western Australia. She was previously a Senior Lecturer at the University of Leicester in the United Kingdom, a lecturer at the Centre for Commercial Law Studies at Queen Mary, University of London, and before that, she was a PhD research and teaching fellow at the University of Copenhagen in her native Denmark. She has lectured externally for several universities, including SOAS in London (UK), University of Essex (UK), University of Turku (Finland) and Victoria University (Melbourne, Australia). She has worked with the CISG Advisory Council, and been the National Reporter for the United Kingdom for the International Academy of Comparative Law. She is a Trade Law Expert for UNCITRAL and sits on the UNCITRAL Australian Co ordination Committee. She works closely with business, government and academia in pursuit of Commercial Law facilitating trade, and has written extensively on the CISG, international commerce, pro-active approaches to law and comparative commercial law. Prof Andersen was the founding co-editor of The Journal of Comparative Law and is a Fellow at the Institute of International Commercial Law at Pace Law School. Her publications include numerous books and articles on International Sales law and Comparative Law, and can be viewed at http://www.web.uwa.edu.au/person/camilla.andersen.
Francesco G. Mazzotta [Author and Editor] holds law degrees from the University of Naples, Italy, (Dottore in Giurisprudenza) and the University of Pittsburgh School of Law, U.S.A. (Master of Laws in International and Comparative Law and Juris Doctor). He has had legal internships with the Office of Chief Counsel of the Internal Revenue Service, as well as with the United Nations Commission on International Trade Law in Vienna, Austria. He has served as an arbitrator for the Willem C. Vis International Commercial Arbitration Moot Court in Vienna and as an adjunct professor in universities in both the United States and Italy.
Dr. Bruno Zeller [Author], the University of Western Australia, Perth, Ph.D. (Law) The University of Melbourne, Master of International Trade Law (Deakin University), B.Com. and B. Ed (The University of Melbourne), joined The University of Western Australia in 2013 a Professor after having previously taught at Victoria University, Melbourne. He is teaching International Trade Law, International Arbitration, Conflict of Laws and Maritime Law. Since 2006 he has been an Adjunct Professor at Murdoch University, Perth and at the Sir Zelman Cowan Centre at Victoria University. He was appointed as Arbitrator by the Maritime Law Association of Australia and New Zealand (MLAANZ) in 2008 and is also a member of the International Law Section of the Law Council of Australia. He is also a visiting Professor at Humboldt University, Berlin.
"This volume aims to set out the important points practitioners are looking for on the CISG: it provides illumination of the meaning of the CISG's provisions in a succinct format that will aid the busy practitioner.
With a foreword by the creator of the most extensive online CISG database, the late Professor Albert Kritzer, the book proceeds to thoroughly introduce the methodology for interpretation of the CISG, and then for each article of the CISG, provides a brief yet insightful commentary covering the main issues relevant in practice, followed by selected cases materials on point, as well as the valuable opinions of the CISG Advisory Council which are reproduced in the appendices.
The book will be a valuable resource for time-poor attorneys, particularly those who are new to the CISG or wish to have on hand an easily accessible resource as a starting point for research. In short, the authors have commendably achieved their aims."
-Lisa Spagnolo, Faculty of Law, Monash University
Dr. Camilla Baasch Andersen [Author] is a Professor at the University of Western Australia. She was previously a Senior Lecturer at the University of Leicester in the United Kingdom, a lecturer at the Centre for Commercial Law Studies at Queen Mary, University of London, and before that, she was a PhD research and teaching fellow at the University of Copenhagen in her native Denmark. She has lectured externally for several universities, including SOAS in London (UK), University of Essex (UK), University of Turku (Finland) and Victoria University (Melbourne, Australia). She has worked with the CISG Advisory Council, and been the National Reporter for the United Kingdom for the International Academy of Comparative Law. She is a Trade Law Expert for UNCITRAL and sits on the UNCITRAL Australian Co ordination Committee. She works closely with business, government and academia in pursuit of Commercial Law facilitating trade, and has written extensively on the CISG, international commerce, pro-active approaches to law and comparative commercial law. Prof Andersen was the founding co-editor of The Journal of Comparative Law and is a Fellow at the Institute of International Commercial Law at Pace Law School. Her publications include numerous books and articles on International Sales law and Comparative Law, and can be viewed at http://www.web.uwa.edu.au/person/camilla.andersen.
Francesco G. Mazzotta [Author and Editor] holds law degrees from the University of Naples, Italy, (Dottore in Giurisprudenza) and the University of Pittsburgh School of Law, U.S.A. (Master of Laws in International and Comparative Law and Juris Doctor). He has had legal internships with the Office of Chief Counsel of the Internal Revenue Service, as well as with the United Nations Commission on International Trade Law in Vienna, Austria. He has served as an arbitrator for the Willem C. Vis International Commercial Arbitration Moot Court in Vienna and as an adjunct professor in universities in both the United States and Italy.
Dr. Bruno Zeller [Author], the University of Western Australia, Perth, Ph.D. (Law) The University of Melbourne, Master of International Trade Law (Deakin University), B.Com. and B. Ed (The University of Melbourne), joined The University of Western Australia in 2013 a Professor after having previously taught at Victoria University, Melbourne. He is teaching International Trade Law, International Arbitration, Conflict of Laws and Maritime Law. Since 2006 he has been an Adjunct Professor at Murdoch University, Perth and at the Sir Zelman Cowan Centre at Victoria University. He was appointed as Arbitrator by the Maritime Law Association of Australia and New Zealand (MLAANZ) in 2008 and is also a member of the International Law Section of the Law Council of Australia. He is also a visiting Professor at Humboldt University, Berlin.
"This volume aims to set out the important points practitioners are looking for on the CISG: it provides illumination of the meaning of the CISG's provisions in a succinct format that will aid the busy practitioner.
With a foreword by the creator of the most extensive online CISG database, the late Professor Albert Kritzer, the book proceeds to thoroughly introduce the methodology for interpretation of the CISG, and then for each article of the CISG, provides a brief yet insightful commentary covering the main issues relevant in practice, followed by selected cases materials on point, as well as the valuable opinions of the CISG Advisory Council which are reproduced in the appendices.
The book will be a valuable resource for time-poor attorneys, particularly those who are new to the CISG or wish to have on hand an easily accessible resource as a starting point for research. In short, the authors have commendably achieved their aims."
-Lisa Spagnolo, Faculty of Law, Monash University
TABLE OF CONTENTS
Foreword by Professor Albert H. Kritzer
About the Authors and Editors
Introduction: The Nature of CISG Case Law: The Key to Uniformity and Many Persuasive Examples for Counsel to Draw from by Francesco G. Mazzotta and Dr. Camilla Baasch Andersen
CHAPTER 1: Field of Application (Articles 1-6) by Francesco G. Mazzotta
CHAPTER 2: General Provisions (Articles 7-13) by Francesco G. Mazzotta
CHAPTER 3: Contract Formation (Articles 14-24) by Dr. Bruno Zeller
CHAPTER 4: The Sale of Goods: Provisions in Common to Buyer and Seller (Articles 25-29) by Dr. Camilla Baasch Andersen
CHAPTER 5: The Sale of Goods: Seller’s Obligations (Articles 30-44) by Dr. Camilla Baasch Andersen
CHAPTER 6: Obligations of the Seller (Articles 45-52) by Dr. Bruno Zeller
CHAPTER 7: Obligations of the Buyer (Articles 53-60) by Dr. Camilla Baasch Andersen
CHAPTER 8: Remedies Available to Seller for Breach of Contract by Buyer (Articles 61-65) by Dr. Camilla Baasch Andersen
CHAPTER 9: Breach of Contract: Claims and Related Provisions by Dr. Bruno Zeller (Articles 71-77, 81-83, 85-88) and Francesco G. Mazzotta (Articles 78-80, 84)
CHAPTER 10: Passing of Risk (Articles 66-70) by Francesco G. Mazzotta
CHAPTER 11: Final Provisions (Articles 90-101) by Francesco G. Mazzotta