The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a (...) paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories. (shrink)

"... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten.

In a legal expert system based on CBR (Case-Based Reasoning), legal statute rules are interpreted on the basis of precedents. This interpretation, because of its vagueness and uncertainty of the interpretation cannot be handled with the means used for crisp cases. In our legal expert system, on the basis of the facts of precedents, the statute rule is interpreted as a form of case rule, the application of which involves the concepts of membership and vagueness. The case rule is stored (...) in a data base by means of fuzzy frames. The inference based on a case rule is made by fuzzy YES and fuzzy NO, and the degree of similarity of cases. The system proposed here will be used for legal education; its main area of application is contract, especially in relation to the United Nations Convention on Contracts for the International Sale of Goods (CISG). (shrink)

Being in force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods is considered to be the most successful convention promoting international trade. According to many commentators, this success is due to the fact that, amongst others, the Convention does not directly impact the domestic law of the various legal systems, as it applies only to international â?? as opposed to purely (...) domestic â?? contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes â?? through 24 country reports, as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City â?? to what extent the Convention de facto influences the domestic legal system. In particular, the book examines the Convention's impact on legal education, on the practice of law, as well as on the style of court decisions. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods and to (...) pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over other such (...) systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods. (shrink)

“The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the (...) class='Hi'>CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist. (shrink)