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Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
Edited by Stefan Vogenauer and Jan Kleinheisterkamp
1,552 pages
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246x171mm
978-0-19-929175-5
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Hardback
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05 February 2009
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- Practical commentary is coupled with in-depth scholarly analysis enhancing understanding of the rules governing international commercial contracts
- Comparative approach aids interpretation of the Principles
- Includes a special section on practical application in arbitration
- Clearly structured and easy to navigate article by article commentary provides quick access to entire case-law and legal literature needed to address a specific problem
- International team of contributors comprising academics and practitioners from 9 jurisdictions gives a fresh and unbiased analysis of the subject
- Annexes include tables of national and international case-law and legislation, correspondence tables with Principles of European Contract Law, Vienna Convention on International Sale of Goods and other UN Conventions
The Commentary on the UNIDROIT Principles of International Commercial Contracts is written by an international team of distinguished practitioners and academics. They offer an article by article commentary on the Principles to provide an accessible guide to the existing case law and legal literature, as well as a comparison with national and international legislation.
The UNIDROIT Principles of International Commercial Contracts set forth rules of general contract law for the use
by merchants and business people in cross border transactions. Since their first publication in 1994 the Principles have proved to be a serious alternative to national contract laws in international disputes decided by arbitral tribunals, such as those administered by the International Chamber of Commerce (ICC). At the same time, they have been accepted as a model for reforming the laws on international contracts by countries such as Russia, China, Estonia, and Lithuania.
This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision. As a result, this book aims to increase understanding of the rules governing international commercial contracts and aid the practical application of the
Principles.Readership: Practitioners: lawyers, litigators, arbitrators-The Commentary will provide easy access to the UNIDROIT Principles, allowing practitioners to quickly understand the implications of having the Principles as an applicable set of rules; they will use the Commentary for drafting international contracts, arguing their case in international arbitration, or for deciding cases. National legislators and judges-The Commentary will help draftsmen to elaborate new legislation taking into account the international standard set by the Principles and give them well ordered and analyzed material for justifying and explaining their choices; judges will find useful comparisons with the Principles and with
other legal systems. Scholars and students-The Commentary will provide the ideal basic material for organizing a course on international contracts, helping students to better understand the subject matter and to apply the principles to practical cases.
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Edited by Stefan Vogenauer, Professor of Comparative Law and Fellow of Brasenose College, University of Oxford; Director of the Oxford Institute of European and Comparative Law, and Jan Kleinheisterkamp, Lecturer in Law, London School of Economics Contributors: Professor Yesim Atamer, Istanbul Bilgi University Professor Jacques du Plessis, University of Stellenbosch, Professor Peter Huber, Johannes Gutenberg University, Mainz Dr Thomas Krebs, University of Oxford Dr Francesca Mazza, ICC International Court of Arbitration Professor Ewan McKendrick, University of
Oxford Professor Ralf Michaels, Duke University School of Law Professor Tjakie Naudé, University of Stellenbosch Professor Pascal Pichonnaz, University of Fribourg Dr Harriet Schelhaas, Stibbe Matthias Scherer, Lalive & Partners Professor Robert Wintgen, University of Paris X - Nanterre
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"The first merit of this book is its very existence...what has actually been missing so far was an article-by-article commentary and this lacuna, increasingly lamented by both academics and practitioners, has now been filled by this monumental work" - Michael Joachim Bonell, Uniform Law Review
"The commentary on the PICC is a considerable achievement....I am sure that this book will become the standard work of reference for anyone involved in the PICC" - Professor Hugh Collins, London School of Economics
"This is a long-overdue book that will be enormously helpful to both practitioners and academics in dealing with the UNIDROIT principles. It is a work in the best German "Kommentar" tradition and should be on the desk of everybody involved in international commercial arbitration" - Mathias Reimann
"It is an impressive work" - Pierre Tercier
"A very impressive volume" - Gonzalo Parra-Aranguren
"The commentary on the PICC from Stefan Vogenauer and Jan Kleinheisterkamp is an exceptional scientific achievement. It sets a new standard of the analysis of the PICC. I am sure this exhaustive book will attract the attention of scholars and practitioners worldwide" - Professor Ernst A. Kramer, Universitat Basel
"...This massive work will satisfy the most exacting standards... The two editors...have produced a work which is undoubtedly destined to become a standard reference book for the UNIDROIT Principles" - Jan Paulsson, Principal Consultant, Freshfields Bruckhaus Deringer LLP
"The Publishers' work is impeccable. As is customary in english publications, there is a 16-page list of abbreviations, a 40-page table of transnational instruments, a 44-page table of cases, the full text in the five official languages of UNIDROIT (English, French, German, Italian and Spanish), a 110-page comparison with international uniform conventions (basically CISG and the agency convention, as well as PECL), a 50-page chapter-to-chapter bibliography and a 69-page index. It will be difficult for the PECL group to catch up with this magnificent work." - Ewoud Hondius, Co-Editor-in-Chief, European Review of Private Law 5
"A comprehensive analysis of each provision of the Principles allows a better understanding of the rules governing international contracts. In short, this book contributes to make the application of the Principles more predictable and thus more efficient" - ASA Bulletin
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1: General Provisions
2: Formation and Authority of Agents
3: Validity
4: Interpretation
5: Content and Third Party Rights
6: Performance
7: Non-Performance
8: Set-off
9: Assignment of Rights, Transfer of Obligations, Assignment of Contracts
10: Limitation Periods
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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