Full Description
This book is a compilation of proceedings of two conferences on the United Nations Convention on the International Sale of Goods ('CISG'). The first conference was held at the Istanbul Bilgi University, Turkey on 25-26 May 2012 and the second on the occasion of the Arbitrators and Mediators Institute of New Zealand ('AMINZ') meeting in Wellington, New Zealand on 2-4 August 2012. Both conferences were aimed at providing for a better understanding of the CISG as well as the importance of international dispute resolution. Since New Zealand's, and also Turkey's, engagement in an increasingly complex and global world (for example, New Zealand's free trade agreement with China) is constantly growing, so does the potential for disputes and the need to resolve them fairly and efficiently. International dispute resolution is thus important to both countries' legal and trading communities. The conferences provided a unique chance for the legal and business communities of these two countries to hear and to discuss first-hand the advantages the CISG and international arbitration.The contributions have been updated and peer reviewed.
Contents
Globalisation and the CISG; Legal Answers to Globalisation; The CISG as Transnational Rules - Framework and Use in Practice; Applicability of the CISG and Arbitration; Applicability of the CISG - Arts 1 and 6; International Distribution Contracts and CISG; Arbitration and the CISG; Challenges to Counsel in International Arbitration: Can We Shut the Stable Door?; Special Questions of Interpretation and Formation under the CISG; Interpretation and Gap-Filling Under the CISG; Electronic Commerce within the Framework of the CISG; Integration of the UN Electronic Communications Convention and the CISG; Seller's Obligations under the CISG; Delivery of Goods under the CISG; Decisions on Conformity of Goods under Article 35 CISG: The 'Mussels Case', Evidentiary Standards for Lack of Conformity, and the 'Default Rule' vs. 'Cumulative' Views of Implied Conformity Obligations; Seller liability for defects in title according to Art. 41, 42 CISG; Buyer's Obligations under the CISG and Incoterms 2010; Buyer's Obligations; INCOTERMS(R) 2010; Specific Performance and Avoidance under the CISG; Specific Performance; Restrictions to Buyers' Right of Avoidance - According to the CISG and the Turkish Code of Obligations; Damages and Interest under the CISG; Calculating Damages for Delivery of Non-Conforming Goods; Interest Claims under the CISG: Uniform or Domestic Law Approach?
