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Drafting Contracts Under the CISG (Hardcover)
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Drafting Contracts Under the CISG (Hardcover)
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The CISG is the United Nations Convention on Contracts for the
International Sale of Goods; a treaty ratified by about 70
countries that provides a uniform international sales law. The
occasion of the CISG's 25th anniversary signals something extremely
significant in the world of international commercial law: the true
coming of age of the CISG, as evidenced by (and as a result of)
several thousand available court and arbitration decisions
world-wide applying the CISG. To celebrate this occasion, in
November 2005, a conference was organized by the University of
Pittsburgh's Center for International Legal Education and the
United Nations Commission on International Trade Law (UNCITRAL).
This publication brings together the intellectually sophisticated
yet extremely practical and original contributions written by
leading CISG scholars from around the globe and practitioners
experienced in dealing with the CISG. Included are 140 sample
clauses, a complete model sales agreement, and contextual analysis
of contract drafting issues. The CISG is a new realty and is very
relevant to US attorneys at the planning and negotiation stages of
a sales transaction. It is increasingly the case that a lawyer in
the US, or virtually anywhere else, cannot adequately serve a
client's needs without knowledge of and skill in using the
Convention to help, for example, prevent transactions from aborting
over choice of law conflicts, and to offer creative alternatives
that can resolve bargaining impasses. This book features: BL
Comprehensive analysis of contract drafting issues raised by the
CISG BL A complete set of standard terms and conditions for a sales
contract BL A wide variety of sample clauses addressing important
specific issues under the CISG, with accompanying analysis of
matters implicated by those clauses that should be considered in
the drafting process BL Original and clearly written contributing
chapters by the most noted and eminent scholars on the CISG from
around the world In this book, international commercial lawyers
will find sample clauses dealing with major contract issues under
the CISG, including: BL opting into the CISG while providing an
appropriate gap-filling source of law BL passage of risk of loss BL
right to inspection of goods BL force majeure BL warranties and
warranty disclaimers BL limitations on remedies BL choice of forum
BL pre-contractual relationships and prior communications BL
confidentiality of negotiations BL retention of the power of
revocation of an offer BL strict time limits for acceptance of an
offer BL the "battle of the forms" BL the law governing contract
validity BL parole evidence BL party rights upon breach BL notice
requirements to preserve rights BL notice of avoidance BL
entitlement to interest BL specific performance versus damages BL
buyer's right to substitute goods
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