International Sales Terms

Patrick Ostendorf

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The book An initial chapter provides an introduction into the United Nations Convention on Contracts for the International Sale of...

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Description

The book An initial chapter provides an introduction into the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Swiss law (as the proposed governing law of the terms of sale) with respect to such legal areas which do not fall within the scope of the CISG (e.g. assignment, set-off, periods of limitation, validity of contracts, concurring claims under tort etc.) and examines differences in this context in comparison with other legal systems (especially Anglo-American law) that are often used for international commercial contracts. Additionally important general legal issues regarding international sales agreements are discussed (incl. US and European export control and antitrust regulations) and ways for effective incorporation of general terms and conditions into international agreements are pointed out (incl. dealing with the "battle of the forms" problem). The main section of the book contains annotated international sales terms and conditions (incl. terms of payment, retention of title, delivery obligations, passing of risk, quality defects, defects in title and legal remedies in case of non-conforming goods, non-disclosure agreements, limitation of liability clauses, termination, choice of law provisions, arbitration agreements and forum selection clauses). The content of every term as well as its effect on the basis of the applicable law are discussed and analyzed in more detail. Alternatives for drafting individual provisions are pointed out for special key terms of the contract. The fourth edition includes also a comprehensive presentation and discussion of recent developments that are relevant for international sales contracts such as the Incoterms 2020, the latest edition of the ICC arbitration rules, repercussions of Brexit and the impact of more recent case and statutory law (in particular CISG, Swiss and English law). The advantages at a glance compact practically oriented international The target group For lawyers, in house counsel as well as judges and arbitrators.