Current Issues in the CISG and Arbitration by Ingeborg Schwenzer, Yesim M Atamer, Petra Butler

By Ingeborg Schwenzer, Yesim M Atamer, Petra Butler

This e-book is a compilation of lawsuits of 2 meetings at the United countries conference at the Contracts for the overseas Sale of products (CISG). the 1st convention was once held on the Istanbul Bilgi college (Turkey) and the second one convention at the celebration of the Arbitrators and Mediators Institute of recent Zealand assembly in Wellington, New Zealand. either meetings aimed to supply a greater figuring out of the CISG, in addition to the significance of foreign dispute answer. The publication permits all readers who're new to the CISG to realize an realizing of the CISG, together with its dating to arbitration. Contributions hide, inter alia, the applicability of the CISG, interpretation and hole filling less than the CISG, and the supply of products lower than the CISG. people who find themselves extra conversant in the CISG will locate a few proposal upsetting contributions that discover the various pertinent CISG matters, like curiosity claims lower than the CISG, the calculation of damages, and particular functionality. (Series: foreign trade and Arbitration [ICA] - Vol. 15)

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Schlechtriem, in P. Schlechtriem & I. ), Commentary on the UN Convention on the International Sale of Goods (CISG), 2nd edn, Oxford University Press, Oxford, 2005, Art. 10, para. 4. 13 In this context, the exclusion of ‘ships, vessels, hovercraft or aircraft’ in particular has given rise to dispute among commentators; see Schwenzer & Hachem, in Schwenzer Commentary 2010, Art. 2, paras. 27-32 citing references. 14 For the sale of software, see the remarks made infra p. 35 et seq. 2 Goods and Validity of Contract It is generally agreed that the term ‘goods’ is to be given a broad definition.

Indd 32 29/11/13 9:56 AM 3 Applicability of the CISG – Articles 1 and 6 This Convention applies to contracts for the sale of goods between parties whose places of business are in different States: (a) When the States are Contracting States; or (b) […] Article 1(1)(a) of the CISG is supplemented by – among other articles – Article 10, which addresses the common problem of at least one party to a dispute having more than one place of business. It reads: For the purposes of this Convention: (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract.

2012, para. 15 et seq. 24 See Schwenzer, in Schwenzer Commentary 2010, Art. 35, para. 4. 25 Id, para. 6. 26 Id, para. 7. indd 21 29/11/13 9:49 AM Pascal Hachem qualities of the goods that the seller has held out to the buyer as a sample or model. 28 Under this provision the seller must deliver goods which are fit for the purpose for which goods of the same description would ordinarily be used. 30 Unless the parties have agreed on the manner of packaging under Article 35(1), the seller must package the goods in a manner usual for such goods or in the absence of such manner adequate to preserve and protect the goods.

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