Hardback
Research Handbook on International and Comparative Sale of Goods Law
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
More Information
Critical Acclaim
Contributors
Contents
More Information
This thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed.
Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society.
This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach.
Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society.
This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach.
Critical Acclaim
‘Djakhongir Saidov’s book on International and Comparative Sale of Goods Law is, indeed, both a Handbook and an outstanding research work. Saidov has accomplished the task of combining enriching contributions from high-profile academics and practitioners to provide a sound understanding of key aspects of the law governing the cross-border sale of goods and address the complex question he has identified. At the same time, the Handbook, as research work, offers stimulating lines of thought to those readers with a deeper background in the topic.’
– Miquel Mirambell Fargas, European Review of Contract Law
– Miquel Mirambell Fargas, European Review of Contract Law
Contributors
Contributors: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace
Contents
Contents:
Preface
Part I: Purposes of Modern Sales Law
1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’
Djakhongir Saidov
2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’
Lisa Spagnolo
3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)?
Ulrich G Schroeter
Part II: Looking into the Substance of Sales Law
4. ‘Sales Law and Digitised Material’
Sarah Green
5. ‘Trade Usages in International Sales Law’
Djakhongir Saidov
6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’
Andrew Tettenborn
7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”?
Miriam Goldby
Part III: Standard Form Contracts and Trade Terms
8. ‘Are Commercial Standard Form Contracts Efficient?’
Clayton P Gillette
9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’
Michael Bridge
10. ‘Incoterms® and the Standardization of the International Sales Law’
Juana Coetzee
Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains
11. ‘Long-Term Gas Sales Agreements’
Marc Hammerson and Emma Richardson
12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’
Patrick Wallace
13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’
Fabrizio Cafaggi
Part V: Intersections with other Areas
14. ‘The Impact of Arbitration on the Development of International Sales Law’
Richard Aikens
15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’
Michael Schillig
16. ‘Consolidation and Disintegration in Trade Finance’
Christopher Hare
Index
Preface
Part I: Purposes of Modern Sales Law
1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’
Djakhongir Saidov
2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’
Lisa Spagnolo
3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)?
Ulrich G Schroeter
Part II: Looking into the Substance of Sales Law
4. ‘Sales Law and Digitised Material’
Sarah Green
5. ‘Trade Usages in International Sales Law’
Djakhongir Saidov
6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’
Andrew Tettenborn
7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”?
Miriam Goldby
Part III: Standard Form Contracts and Trade Terms
8. ‘Are Commercial Standard Form Contracts Efficient?’
Clayton P Gillette
9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’
Michael Bridge
10. ‘Incoterms® and the Standardization of the International Sales Law’
Juana Coetzee
Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains
11. ‘Long-Term Gas Sales Agreements’
Marc Hammerson and Emma Richardson
12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’
Patrick Wallace
13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’
Fabrizio Cafaggi
Part V: Intersections with other Areas
14. ‘The Impact of Arbitration on the Development of International Sales Law’
Richard Aikens
15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’
Michael Schillig
16. ‘Consolidation and Disintegration in Trade Finance’
Christopher Hare
Index