This book discusses how the UN Convention on the International Sales of Goods (CISG) might not be an appropriate piece of legislation to govern commodity sales. Much has been written about the UN Convention on the International Sales of Goods (CISG) and how it might not be an appropriate piece of legislation to govern commodity sales. This book is the first to address this issue from a broader and comprehensive perspective, covering in detail the strengths and shortcomings of the CISG when applied to such contracts. The book discusses the effects of specific provisions of the CISG when applied to situations that are usual in the commodity markets, and provides a broader analysis of how the principles underlying the CISG compare to the legal practice in commodity markets. Instruments of uniform commercial law such as the UNIDROIT Principles, the ICC Incoterms and the UCP 600, as well as standard terms that are well-known within the commodity trade are also considered.
Practitioners, judges, arbitrators and researchers dealing with international contract law and the commodity trade will find this book particularly useful. Foreword; Acknowledgements; List of Abbreviations; 1 Introduction; 2 The Scope of Application of the CISG; 3 Gap-Filling; 4 Contract Formation; 5 Obligations of the Parties; 6 Fundamental Breach and Avoidance; 7 Rules Regarding Assessment of Damages; 8 Impediments, Force Majeure, Change of Circumstances, Economic Hardship; 9 Suitability of the CISG for Governing Commodity Sales; 10 Towards an Increased Acceptance of the CISG among Commodity Traders; 11 Conclusions; Bibliography
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