• Introduction to international sales
• The performance obligations of seller and buyer in English law
• FOB contracts
• CIF contracts
• Licences and impossibility
• Payment
• Passing of property and risk
• Bills of landing and documents of title
• Remedies : termination and damages
• The UN Sale Convention (CISG) : general issues
• Formation and performance of the contract
• Remedies for breach of contract.

This fourth edition of the leading authority on international sale of goods law provides clear, comprehensive and detailed analysis of the subject. The unique dual coverage of contracts under English law and the CISG is a valuable benefit for those interested in all types of sale of goods contracts, including the sale of commodities. The detailed commentary provides analysis on decided cases as well as on standard form contracts which represent evolving trade practice. In addition to matters of contract law, the book considers relevant property law, most notably addressing those issues arising out of the use of documents of title, such as marine bills of lading. The rights and duties of buyer and seller are explained in depth, and the relationship of sale contracts to other contracts, such as charter parties and letter of credit contracts, is rigorously examined. The book deals with issues of frustration and force majeure, the passing of property and risk, and remedies. The new edition provides expanded coverage of remedies, the passing of property, and the CISG, and gives even greater focus to the standard form contracts. All important recent decisions are considered and particularly those relating to interpretation and implied terms and the bunkers litigation. As ever, the law is explained in the context of commercial practice making the book an ideal reference source for practitioners, scholars and postgraduate students.
(source: Nielsen Book Data)

• Preface-- Table of Statutes-- Table of Cases-- Glossary-- The International Sales Background-- Subject matter-- Organisations-- Sources of law-- Quality, fitness and description in international commodity sales-- Quantity: entire and severable contracts-- Speculation, hedging and string trading-- The CISG: General Issues-- The CISG and English Law Compared-- FOB Contracts-- CIF Contracts-- The nature of a CIF transaction-- Notice of Appropriation/Declaration of Shipment-- Timely performance-- Bills of Lading-- Continuous Documentary Coverage-- Contract of Carriage and Charterparties-- Delivery Orders-- Insurance Documents-- Lawful and Effective Documents-- Other Documents-- Documentary exchange-- Arrival of the ship-- Payment-- Introduction-- Negotiable instruments-- Bank collections and letters of credit-- Import and Export Licences-- Applying for Export and Import Licences-- Guaranteed Procurement or Due Diligence to Procure?-- Impossibility of Performance-- Initial Impossibility (Mistake)-- Subsequent Impossibility (Frustration)-- Remedies: Termination and Damages-- Termination of the Contract-- The Integrity of the Documentary Exchange-- Damages-- Excluding the Sale of Goods Act Rules-- The Twin Rights of Rejection and the Seller's Damages Liability-- Passing of Property and Risk-- Passing of Property-- Reserving the Right of Disposal-- Transfer of Risk-- The appropriation of lost cargoes-- Bills of Lading and Documents of Title-- The buyer and carrier-- Bills of lading as documents of title-- Evidentiary function of bills of lading-- Bills of lading: other matters-- Other shipping documents-- Non-negotiable documents and the power to transfer title-- Alternatives to the negotiable bill of lading-- Index-- APPENDICES-- FOSFA Contract No. 53-- GAFTA Contract No. 100-- Carriage of Goods by Sea Act 1992-- Vienna Convention on the International Sale of Goods 1980.
• (source: Nielsen Book Data)

This work provides a much-needed detailed treatment of the international sale of commodities. It focuses on all the key issues in international commodity sales, including the contractual construction of FOB and CIF terms, import/export licenses, frustration and risk, termination for breach, and damages. An important feature of the book is the comprehensive analysis of the legal principles that arise from terms of the standard contracts promulgated by trading associations such as GAFTA and FOSFA. The book also includes detailed coverage of all the important recent statutory developments in the law of sale, namely, the Carriage of Goods by Sea Act 1992 and the Sale of Goods (Amendment) Act 1995. There is also in-depth analysis of the UN Convention on the International Sale of Goods.
(source: Nielsen Book Data)

Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement that can rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs-all these and more must be taken into account in contract negotiations.This is the second edition, expanded and updated, of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organised according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of model clauses designed to cover every contingency, including such factors as the following (and a great deal more): A* definitionsA* IncotermsA* price adjustmentsA* documentationA* delivery datesA* transportation modesA* limitation of liabilityA* labellingA* confidentialityA* arbitration Although the clauses are drawn without reference to any particular country, relevant national circumstances are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law.For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise as it goes. It would be hard to find a more useful guide.
(source: Nielsen Book Data)

• Preliminary matters-- drafting the agreement-- the goods being sold-- trade terms-- price-- permits, licenses and certificates-- payment-- delivery-- transfer of title and risk-- bills of lading and other documents for carriage of goods-- insurance-- inspection-- warranties-- "force majeure" and hardship-- termination and penalty clauses-- intellectual property-- other obligations of the parties-- dispute resolution-- governing law-- language-- miscellaneous provisions.
• (source: Nielsen Book Data)

The sales agreement constitutes an integral part of international trade. It sets out the parties' understandings and protects against misinterpretations. Experienced or not, no practitioner faced with drafting and negotiating such critical documents wants to do so in an informational vacuum; the risk of leaving a client exposed is too great. While no two international sales agreements are alike, this book simplifies the issues by addressing them with actual sample provisions. This is a step-by-step guide to drafting and negotiating international sales agreements with over 400 sample clauses from which to choose. It analyzes all aspects of an international sales agreement, from the letter-of-intent stage to the boilerplate clauses which typically conclude such an agreement. The text discusses every clause from both the buyer's and seller's perspectives. It also provides the first detailed, annotated look at international sales contracts in the context of the United Nations Convention on the International Sale of Goods which now applies to most international sales agreements. This work illuminates common pitfalls to avoid and points out what practitioners should aim for throughout the process. The drafting and negotating skills it instills should prove highly transferable to other arenas.
(source: Nielsen Book Data)

• Introduction
• Preliminary matters
• Drafting the agreement
• The goods being sold
• Trade terms
• Price
• Permits, licences, and certificates
• Payment
• Delivery
• Transfer of title and risk
• Bills of lading and other documents for carriage of goods
• Insurance
• Inspection
• Warranties
• Force majeure and hardship
• Termination and penalty clauses
• Intellectual property
• Other obligations of the parties
• Dispute resolution
• Governing law
• Language
• Miscellaneous provisions.

"[This book] guides practitioners through the process of drawing up sound agreements for the international sale of goods. Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is rare for international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs -- all these and more -- must be taken into account in contract negotiations. This book provides an...explanation of the key terms and concepts in the international sale of goods and a thorough review of the drafting issues addressed in creating and negotiating an international sales agreement."-- Provided by publisher.

• Part I General Aspects-- 1 Another BRIC in the Wall: Brazil Joins the CISG-- 2 CISG and Latin America - A Key for Reducing Transaction Costs-- 3 The First Glance of Brazilian Companies at the CISG - What Should Foreigners Expect?-- 4 Aspects of the 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG)-- 5 The CISG - A Fair Balance of the Interests of the Seller and the Buyer-- 6 Understanding the CISG System of Remedies from the Latin American Domestic Laws' Standpoint-- Part II Selected Topics of the CISG-- 7 Interaction between the CISG and INCOTERMS-- 8 Brazil's Accession to the CISG and Transmission of Risk: Some Considerations-- 9 The Exemption from Liability under the United Nations Convention on Contracts for the International Sales of Goods (CISG) - Analysis and Brief Comparison with the Brazilian Civil Code-- 10 The CISG and the Contractual Freedom of Form and Evidence: A Latin-American Perspective-- 11 Commodities Trade in the Brazilian Experience: Reflections on the Application of the CISG-- 12 Examination of the Goods and Notice of Non-Conformity-- 13 The Applicability of the CISG to the International Sales of Commodities-- 14 Criteria for Application of a Fundamental Breach of Contract in the United Nations Convention on Contracts for the International Sale of Goods (CISG)-- 15 CISG and E-Commerce-- 16 Seller's Remedies-- 17 Acceptance of an Offer under the CISG-- Part III The CISG vis-a-vis National Law-- 18 The Challenges of Applying the CISG Concept of Conformity in Latin America: The Ordinary and Particular Purpose Approaches-- 19 Party Autonomy in Brazilian International Private Law-- 20 The Social Function of the Contract and the International Sale of Goods (CISG): The Contribution of Brazilian Law to a Global Debate-- 21 Article 1 CISG - The Gateway to the CISG-- 22 Using the CISG and International Commercial Arbitration as a Best Practice in Brazil-- 23 CISG Articles 6, 7, 25 and 79 - Pacta Sunt Servanda, Rebus sic Stantibus, Force Majeure and Hardship Principles - Brazilian Civil Code Related Articles-- 24 Instalment Contracts and Fundamental Breach in the CISG: A Brazilian Perspective-- 25 Written Requirements in Brazil and Argentina:AComparison under the Applicability of the CISG-- Part IV Commercial Law and the Trend for Regional and Global Integration-- 26 Uniform Sales Law - Brazil Joining the CISG Family-- 27 The Lasting Consequences, in a Global Perspective, of the Brazilian Delay in Incorporating the CISG-- 28 UNCITRAL Instruments and the Regional Harmonization of International Commercial Law-- 29 The Applicability of Force Majeure and Hardship to CISG Contracts due to Trade Restrictions and to Other Government Actions in Latin America-- 30 Application of the CISG in Latin American Countries: An Overview - Reality and Theory-- 31 Usury as a Cultural Divide and CISG Compromise Rules on Interest.
• (source: Nielsen Book Data)

The CISG is a well-known, modern and effective law of sales that has fanned out from Vienna to the four corners of the globe. It has been introduced into the legal system of multiple Latin American countries, some of which are global trade players. This book gives the reader a comprehensive understanding of the Latin American legal approach toward the CISG. It shows that Latin America is provided with numerous experts who are prepared to deal with and apply the CISG to international sales contracts. Their views are supplemented by studies from outside Latin America by other internationally-acclaimed CISG scholars.
(source: Nielsen Book Data)

• Sphere of application
• General provisions
• Contract formation
• Obligations of the seller
• Passage of risk and incoterms
• Remedies available to buyer upon seller's breach
• Effects of avoidance, limits on avoidance, and obligations to preserve goods
• Obligations of the buyer
• Remedies available to seller upon buyer's breach
• Anticipatory breach and installment contracts
• Damages
• Exemptions.

• List of Abbreviations-- Text of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980-- Foreword-- Preamble-- PART I: SPHERE OF APPLICATION AND GENERAL PROVISIONS--
• 1. Sphere of Application--
• 2. General Provisions-- PART II: FORMATION OF THE CONTRACT-- PART III: SALE OF GOODS--
• 1. General Provisions--
• 2. Obligations of the Seller--
• 3. Obligations of the Buyer--
• 4. Passing of Risk--
• 5. Provisions common to the Obligations of the Seller and of the Buyer-- PART IV: FINAL PROVISIONS-- Annexes-- Index.
• (source: Nielsen Book Data)

The Convention on the International Sale of Goods is one of the most successful attempts to unify parts of the law of international commerce. It provides the basis for transnational sales transactions in about 50 countries, including most of the EU member states, the USA, Canada, Australia, New Zealand and China. The United Nations Uniform Sales Law is applied by courts and arbitration tribunals around the world. Individual jurisdiction's domestic laws are based on the UN Sales Law and it has influenced numerous modern codes, making the Convention an indispensable source for scholars and practitioners dealing with sales law worldwide. This commentary is a translation of the second edition of the German "Kommentar zum Einheitlichen UN-Kaufrecht - CISG" published in 1995. This English edition has been brought totally up to date, including case law up to the Spring of 1997. The team of authors - experts in their respective fields, several of whom were involved in the drafting of the Convention itself - provide a commentary on each article, describing its history, underlying policies and connections with other articles, analysing key scholarly views and court decisions and dealing with the article itself.
(source: Nielsen Book Data)