UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary, Second Edition
Language: English
Published by Wolters Kluwer, 2023
- Hardcover
- New
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In English.
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- Title
- UNIDROIT Principles of International Commercial Contracts. An Article-by-Article Commentary, Second Edition
- Author
- Eckart Broedermann
- Publisher
- Wolters Kluwer
- Publication year
- 2023
- Condition
- New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 9403503378
- ISBN 13
- 9789403503370
- Edition
- 2nd Edition
- Item weight
- 1,449 grams
<span style="mso-ansi-language:EN-US"> </span>
<p style="text-align:justify" class="MsoNormal"><span style="mso-ansi-language:EN-US">The </span><span style="font-variant:small-caps">Unidroit</span> Principles of International Commercial Contracts provide an excellent and practice proven tool for cross-border contracts:- <p style="text-align:justify" class="MsoNormal">They constitute a neutral and pragmatic business oriented contractual regime for cross-border contracts
- <p style="text-align:justify" class="MsoNormal"><span style="mso-ansi-language:EN-US">They contain </span><span style="mso-ansi-language:EN-US">multiple solutions to typical contractual questions</span><span style="mso-ansi-language:EN-US"> regarding the life of a contract, often by way of a compromise between civil and common law</span>
- <p style="text-align:justify" class="MsoNormal"><span style="mso-ansi-language:EN-US">They have been </span><span style="mso-ansi-language:EN-US">referenced in hundreds of decisions of arbitral tribunals</span><span style="mso-ansi-language:EN-US"> or national state courts</span>
- <p style="text-align:justify" class="MsoNormal"><span style="mso-ansi-language:EN-US">They have been endorsed</span><span style="mso-ansi-language:EN-US"> inter alia</span><span style="mso-ansi-language:EN-US"> by the </span><span style="mso-ansi-language:EN-US">United Nations Commission on International Trade Law</span><span style="mso-ansi-language:EN-US"> (last in 2021) and the </span><span style="mso-ansi-language:EN-US">Union Internationale des</span><span style="mso-ansi-language:EN-US"> </span><span style="mso-ansi-language:EN-US">Avocats</span><span style="mso-ansi-language:EN-US"> (2020) bringing together through its bar association and individual members approximately two million lawyers in more than 110 countries.</span>
Thirty years after their first publication, it is arguably malpractice to ignore them.
In this fully revised and enlarged 2nd edition, the commentary continues to analyse the Unidroit Principles article by article from a practical perspective, while always discussing alternative courses of action, where they apply. The commentary includes proposals for choice of the Unidroit Principles’ clauses and practical guidance for their use as template, or to supplement the CISG or national law. In addition to arbitral and state court decisions and recent literature, the 2nd edition includes an in-depth analysis of extensive legislative material.
<p style="text-align:justify" class="MsoNormal"><span style="mso-ansi-language:EN-GB">The author is a German practitioner with international training and familiarity with both common and civil law. He has been admitted to the New York Bar and also teaches at the University of Hamburg as a Professor of Law. </span><span style="mso-ansi-language:EN-US">The author is using the</span><span style="font-variant:small-caps"> Unidroit</span> Principles for more than 20 years in his commercial and arbitration practice, in recent years on a daily basis in multiple industries. As he shares his experience under the <span style="font-variant:small-caps">Unidroit</span> Principles, the commentary can also be used as a practical guide and checklist of issues to consider in international contracting.<span style="mso-ansi-language:EN-US">Sample from page 340, no. 6, on Article 7.1.3 (Withholding performance), at C. Options</span>
<p style="text-align:justify" class="MsoNormal">In long-term contracts (e.g. on parts for serial production), sometimes both parties blame each other and rely on mutual withholding rights. Example: Disagreement on the root cause of and responsibility for certain allegedly defective parts, delivered und"Synopsis" may belong to another edition of this title.
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