The Draft UNCITRAL Digest and Beyond : : Cases, Analysis and Unresolved Issues in the U.N. Sales Convention / / Franco Ferrari, Harry Flechtner, Ronald A. Brand.

• Superior document: Title is part of eBook package: De Gruyter DGBA Law - 2000 - 2014
• VerfasserIn: Ferrari, Franco,; Brand, Ronald A.,; Flechtner, Harry,
• MitwirkendeR: Brand, Ronald A.,; Bridge, Michael,; Burman, Harold,; Erauw, Johan,; Ferrari, Franco,; Flechtner, Harry M.,; Flechtner, Harry,; Gabriel, Henry,; Garro, Alejandro M.,; Lookofsky, Joseph,; Ly, Filip,; Magnus, Ulrich,; Murray, John E.,; Perales Viscasillas, Pilar,; Sekolec, Jernej,; Walter, Mark S.,; Winship, Peter,; Witz, Claude,; Šarčević, Petar,
• Place / Publishing House: Munich : : Otto Schmidt/De Gruyter european law pub, , [2009]; ©2003
• Year of Publication: 2009
• Language: English
• Physical Description: 1 online resource (875 p.)

“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.

Table of Contents

Frontmatter -- Table of Contents -- Preface -- Digest of case law on the UN Sales Convention: The combined wisdom of judges and arbitrators promoting uniform interpretation of the Convention -- Articles 1-13, 78 -- The CISG’s sphere of application: Articles 1-3 and 10 -- Scope of application: Articles 4-5 -- CISG rules on exclusion and derogation: Article 6 -- Interpretation of the Convention and gap-filling: Article 7 -- Interpretation of statements: Article 8 -- Trade usage and practices established between the parties: Article 9 -- Writing requirements: Article 11-13 -- CISG foreign case law: how much regard should we have? -- A commentary on Articles 1-13 and 78 -- Articles 14-24, 66-77 -- Comments on the draft Digest relating to Articles 14-24 and 66-70 -- Observations on passing of risk -- Articles 25-34, 45-52 -- Beyond the Digest: Part III (Articles 25-34, 45-52) -- General provisions, obligations of the seller, and remedies for breach of contract by the seller -- Cases, analyses and unresolved issues in Articles 25-34, 45-52 -- Articles 35-44, 79-88 -- Buyer’s obligation to give notice of lack of conformity (Articles 38, 39, 40 and 44) -- Article 79 and a transactions test analysis of the CISG -- Revisiting the north-south debate in light of the draft Digest: Articles 38, 39 and 44 -- Articles 53-65 -- Beyond the Digest: Articles 53-65 -- Buyer obligations under the CISG -- Obligations of the buyer and remedies for the buyer’s breach of contract (Articles 53-65) -- Articles 53-65 -- Conclusion -- Concluding comments: Historic progress, opportunities, and the work ahead -- The Draft UNCITRAL Digest on the United Nations Convention on Contracts for the International Sale of Goods (1980) -- Articles 1-13 -- Articles 14-24 -- Articles 25-34 -- Articles 35-44 -- Articles 45-52 -- Articles 53-65 -- Articles 66-77 -- Article 78 -- Articles 79-88