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Understanding the CISG in the USA, by Joseph Lookofsky
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Earlier editions of this incomparable guide came in separate volumes for the United States, Europe, and Scandinavia, as these three areas represent significant segments of CISG practice and also notable variations in the application of the Convention. Today, however, the CISG has gained greater prominence in dozens of jurisdictions worldwide, and similarities as well as differences in how the Convention is understood and applied have become increasingly relevant for all CISG practitioners. Hence, a "worldwide" edition, focused on the rules and case law of greatest practical importance in all Contracting States, is here provided—although this new edition continues to account for regional anomalies insofar as they impact on the interests of merchants (and their lawyers) in the real CISG world.
With this book as their guide, lawyers handling international sales contracts and disputes in any jurisdiction will confidently navigate such areas of practice as the following:
- determining when the CISG applies;
- freedom of contract under Article 6;
- interpretation and good faith;
- formation, validity, defenses to enforcement;
- notice of non-conformity;
- damages for breach, mitigation;
- Article 79 liability exemptions;
- agreed remedies, disclaimers; and
- key reservations under Articles 92-96.
Understanding the CISG includes a representative sampling of the more than 2,000 CISG court judgements and arbitral awards that have been reported. Concrete illustrations are provided to help clarify the (sometimes complex) way CISG rules work. Five appendices offer a wealth of reference material, including the complete text of the Convention and an extensive table of cases and arbitral awards.
For virtually all cases likely to invoke the CISG, this valuable book will render sterling service to practitioners anywhere, just as it will provide law students with an effective CISG learning tool. No other CISG source is at once so authoritative and so succinct.
- Sales Rank: #1866214 in Books
- Published on: 2012-08-01
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x .63" w x 6.14" l, 1.20 pounds
- Binding: Hardcover
- 256 pages
Most helpful customer reviews
0 of 0 people found the following review helpful.
Understanding Vienna in a nutshell
By Legal Abstract
As I already wrote elsewhere, the sources on Vienna Convention are vast, both general and special. Why write more?
Joseph Lookofsky, an author of a book under review, argues that the book is written with purpose to illuminate problematic points of the Convention, which in turn may have practical effect on merchants. The question, however, arises: Were other books on Vienna Convention not written with the same purpose?
When I opened the book first, I was skeptical about it. However, upon careful reading, I concluded that it has special value.
The book discusses such topics as scope of application, formation of contract, obligations of parties, transfer of risk and remedies under Vienna Convention. The novel chapter is a chapter about limitation period, which is governed by different convention. Strangely, the author dedicates dramatically small space to the problem of risk transfer and damages.
The book is written in a simple and concise manner and it is the foremost value of the book. Most phrases, used by author, are close to practical rather than academic language.
The length of the book is second value, even it sounds strange. All that is usually put in 500 or 600 pages, has been fit in 200 pages. Most subparagraphs, which seem important, are written in a very laconic style.
The author provides direct references of cases, adduces examples from case law, without providing references to them, but achieving his primary goal - illumination of problem.
On the other hand, it is not always clear what author meant here and there. Thus, the author writes in the introduction: "although much CISG case law confirms that the Convention is often interpreted and applied in an essentially harmonious fashion, the CISG is not always understood by all arbiters and commentators in an identical way". This is why, I believe, the author called his book: "Understanding the CISG".
Here one question arises: Have other authors not written the whole treatises, books and publication with the purpose to reconcile contradictions in understanding the provisions of the Convention? Did those, who already wrote comments to the Convention, not do it with the purpose to decide the problems on uniform understanding of the Convention?
Moreover, the conflict between academics (commentators) and practitioners (arbiters) has always been and will be, since they interpret it from their own angle. By postulating that such conflict exists, the authors does not say anything new.
Despite such objections, it is necessary to emphasize that this book deserves to be on honorable place in a shelf of every international lawyer's library as well as merchant.
Certainly, one should admit that practitioner might get tired while going through numerous references to academic publications and cases in the book, which, however, in the end, may help to clarify one's position on certain problem.
In the conclusion, I would like to recommend this book to all lawyers, who does not want spend time reading voluminous and long books due to their tight schedule, but intend to gain clear understanding of certain aspect of the Convention.
Aybek S. Ahmedov, Partner at Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law, the founder of Legal Abstract service
0 of 0 people found the following review helpful.
Great!
By Yabo
Great, in-depth book. I learned about the CISG in law school, and I have about 4 CISG cases now as an attorney. I use this book to learn new aspects of the CISG quickly.
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