Full Description
This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws to dispute resolution.
The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past 20 years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law.
Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.
Contents
About the Editors
List of contributors
Preface
Introduction by Roy Goode
Section I: Transnational Commercial Laws; Theory and Methods
Chapter 1 Transnational contract law - concepts and definitions
Maren Heidemann
Chapter 2 Relational Contract Theory and the CISG - A New Interpretational Framework?
Claire Jing Ni Tai & Camilla Andersen
Section II: Transnational Sales
Chapter 3 Inside Out: The outer limits of the CISG in times of change - Smart contracts, AI, digital assets and cryptocurrency
Lisa Spagnolo
Chapter 4 The UNIDROIT Principles of International Commercial Contracts
Olaf Meyer
Chapter 5 CISG in the Metaverse
Pilar Perales and Monica Lastiri
Chapter 6 The CISG - where are we now
Edgardo Muñoz
Chapter 7 If not when? - The Scope of Art. 79 CISG in Light of the Covid-19 Pandemic
Timothy Hebbard
Chapter 8 Conflict of laws for sustainable supply chains: a magic wand or a medieval club?
Ekaterina Pannebakker
Section III: Asset Securitization and Insolvency
Chapter 9 Harmonising insolvency law around the world: successes and failures
Emilie Ghio
Chapter 10 Asset Securitization in Bankruptcy
Steven Walt
Section IV: Issues of Carriage and Finance
Chapter 11 Marine Insurance in the modern age: The way forward post the Insurance Act 2015 and the disruption of the insurance sector from AI
Kyriaki Noussia
Chapter 12 The UK's Electronic Trade Documents Bill: Towards the Legal Recognition of Electronic Transferable Records in International Trade.
Caslav Pejovic and Lee Unho
Chapter 13 A contract for the carriage of goods by sea involving Australia - Chapter 11 of the Carriage of Goods by Sea Act 1991 (Cth) revisited.
Poomintr Sooksripaisarnkit
Section V: International Commercial Dispute Resolution
Chapter 14 Avoiding Pitfalls when Drafting and Enforcing Multi-Tier Dispute Resolution Agreements
Joshua D. H. Karton
Chapter 15 Comparative analysis of the interpretation and application of the public policy exception under Article V(2)(b) of the New York Convention
Francesco Mazzotta
Chapter 16 Choosing the Law Applicable to the International Arbitration Agreement
Miquel Mirambell Fargas
Section VI: Data Protection Laws
Chapter 17 Data transfers in international commercial contracts
Pieter Wolters
Chapter 18 AI and making of contracts
Sergio Cortes Beltran
Chapter 19 Smart contracts and international commercial arbitration
Robert Walters
Section VII: New Frontiers
Chapter 20 From Intermediated to Digital Assets: Aspects of Client Protection.
Thomas Keijser
Chapter 21 Human rights compliance clauses in International Contracts
Johanna Hoekstra
Chapter 22 Regulating Business in the metaverse
Andrea Guaccero
Chapter 23 Lawyers and their use of AI: What are the implications for professional responsibility
Bruno Zeller and Simon Burgess
Chapter 24 Contract Automation - stretching functional equivalence and technological neutrality to breaking point?
Christian Twigg-Flesner
Index
