Buch, Englisch, 528 Seiten
Problems, Cases and Materials
Buch, Englisch, 528 Seiten
ISBN: 978-90-411-2654-2
Verlag: Wolters Kluwer
This book's integrated approach—at the intersection of substantive
contract law and dispute resolution—is unique, and its value to students,
counsel and advocates concerned with cross-border transactions is immediately
evident. In a ‘globalised’ world where an arbitration agreement is
increasingly a part of every international sales agreement, it is both logical
and effective to consider the two topics in tandem. This dual focus is
invaluable for any practicing or prospective commercial lawyer, and this
casebook provides just such a perspective. The combination of materials
powerfully demonstrates both how a lawyer drafts an international sales
contract and how the transactional and arbitral provisions interact if the
‘deal’ does not go as anticipated.
In its treatment of the law governing the international sale of goods, the
book focuses specifically on the United Nations Convention on Contracts for
the International Sale of Goods (CISG). With respect to international
commercial arbitration, the book explains and analyzes a variety of materials
including the UNCITRAL Model Law on International Commercial Arbitration (the
UNCITRAL Model Law), the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (the New York Convention), and various sets of
arbitration rules.
The book also presents cases (both hypothetical and actual) and arbitral
decisions (with detailed commentary) illustrating applications of the CISG,
the UNCITRAL Model Law and the New York Convention. Problems and questions are
also set forth to provide opportunities to apply the law, and to elucidate the
policies underlying the various approaches taken by the prevailing laws.
Throughout the presentation the reader is challenged to apply theory and
doctrine to issues that arise in practice. The level of detail is of
considerable depth, addressing such questions as the following:
• Was a contract of sale validly concluded?
• Was an arbitration agreement validly concluded?
• Is it possible that a contract of sale was validly concluded but not an
arbitration agreement (or vice versa)?
• If there is a valid contract of sale and/or arbitration agreement what are
its terms?
• What should the arbitral tribunal do if one of the parties has challenged
the jurisdiction of the tribunal in the courts?
• What might a lawyer include in a contract to minimize risk and the
likelihood of a dispute?
• What types of questions about the situation might bear on how a lawyer might
structure the deal?
The book is ideal for students preparing for the Willem C. Vis International
Commercial Arbitration Moot, which focuses on both international sales and
arbitration. It is also an ideal resource for lawyers, novice or experienced,
charged with negotiating sales contracts on behalf of international buyers or
sellers of goods. Its focus on arbitration not only sets the practitioner in
tune with the best current practice, but also ensures agreements that will
withstand the stresses of potential subsequent disputes.
