Law Commons^™

Dodging Windfalls: Damages Based On Market Price, Actual Loss, And Appropriate Awards, John Gotanda

John Y Gotanda

This article draws on the underlying policy of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to demonstrate that Article 76’s market damages approach permits an aggrieved party in certain circumstances to recover damages in excess of the aggrieved party's actual loss for the breach of the underlying contract. While at first glance this result may appear to be at odds with the principles of full compensation and mitigation, in reality, it is not. It is consistent with the text of the CISG damages provisions. In addition, it effectuates the parties' allocation of risk in …

The United Nations Convention On Contracts For The International Sale Of Goods: Guide To Research And Literature, Claire M. Germain

Claire Germain

This article maps research strategies concerning the United Nations Convention on Contracts for the International Sale of Goods and explores some research issues relating to the Convention and its interpretation. More specifically, it provides guidance on where to start, how to find the leading texts, commentaries and practitioners' guides, and where to find the texts of documents. Finally, this article describes some new Internet-based projects, examines where to find additional information, and examines how to keep "up-to-date" with this burgeoning area of international sales law.

Comparative Efficiency In International Sales Law, Larry A. Dimatteo, Daniel Ostas

Larry A DiMatteo

The article employs the method of the economic analysis of law (EAL) in a comparative context. In particular, it assesses the efficiency of select provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is the law of the United States and over 70 other countries. It reflects a culmination of a century-old process of failed attempts to achieve an international sales law. The drafting process involved intense negotiation and compromise between representatives of the common and civil law legal traditions. As a result, the CISG provides in an interesting amalgam of civil …

Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo

Larry A DiMatteo

This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …

Brazil's Adhesion To The Cisg Consequences For Trade In China And Latin America, Edgardo Muñoz

Edgardo Muñoz

Given Brazil’s current international trade volumes, its adhesion to the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) will mean an important step towards the globalization of international sales law. In this atmosphere of expectancy, a couple of questions come up: Is a further step towards globalization in this something to be celebrated? What are the consequences of Brazil’s adhesion to the CISG for global and regional trade? Before answering these questions through this chapter, we would like to make an introductory comment on globalization and its relationship with the CISG

A Adesão Do Brasil À Cisg Consequências Para O Comércio Na China E América Latina, Edgardo Muñoz

Edgardo Muñoz

Neste trabalho, os autores analisam a possibilidade de redução de potenciais riscos legais e de custos de transação advindos da adesão do Brasil à CISG, particularmente no que diz respeito a partes brasileiras, chinesas e latinoamericanas. A falta de previsibilidade das leis aplicáveis e as diferenças substanciais entre as leis internas brasileiras e os sistemas legais de seus principais parceiros comerciais encerram consideráveis riscos legais e altos custos de transação para os comerciantes. Este artigo sustenta que a CISG proporcionará segurança jurídica e regras adequadas para reger contratos internacionais, reduzindo, assim, riscos e custos e contribuindo para a celebração de …

Comparative Efficiency In Internatonal Sales Law, Larry A. Dimatteo, Daniel Ostas

Larry A DiMatteo

The article employs the method of the economic analysis of law (EAL) in a comparative context. In particular, it assesses the efficiency of select provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is the law of the United States and over 70 other countries. It reflects a culmination of a century-old process of failed attempts to achieve an international sales law. The drafting process involved intense negotiation and compromise between representatives of the common and civil law legal traditions. As a result, the CISG provides in an interesting amalgam of civil …

Toward A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet

Christopher K. Odinet

Schlechtriem & Schwenzer: Comentario Sobre La Convención De Las Naciones Unidas Sobre Los Contratos De Compraventa Internacional De Mercaderías, Ingeborg Schwenzer, Edgardo Muñoz

Edgardo Muñoz

In Defence Of The Cisg, Christopher Kee, Edgardo Muñoz

Edgardo Muñoz

In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly …

La Interpretación Y La Integración De La Convención De Viena Sobre Compraventa Internacional De Mercaderías, Anselmo M. Martinez Cañellas

Anselmo M. Martinez Cañellas Pr. Dr.

This books deals with the peculiar interpretation of the most important instrument of Uniform Commercial Law, in force in more than 70 countries, the Vienna Convention on international sales of goods. It stress the necessity of taking into account the decisions of foreign and arbitral tribunals. Finally, it gives the hints to fill the gaps or the Convention by using its principles.