International Commercial Arbitration & International Commercial Law Research: Citation Manual, Compendium, Nutshells & Guides

A citation manual for international arbitration.

In BLS Library's catalog record, click: ACCESS ONLINE VERSION - (CAMBRIDGE). Off campus: BLS students, faculty and administrators need to use a web browser that communicates with the BLS proxy server.
Excerpt from summary: "The present Compendium address[es] in an encyclopedic manner the numerous questions associated with arbitration as a fundamental dispute resolution mechanism in the areas of international business and investment. Like an encyclopedia, the Compendium contains separate entries for most of the foundational principles and concepts underlying arbitration."

Contents: Entry controls over foreign investment -- Operational controls over foreign investment -- The law of and insurance against expropriations -- Investing in China -- Investing in Europe -- Investing in North America -- Investor-state arbitrations under BITs and FTAs -- NAFTA 1994 and USMCA 2020 foreign investment law and arbitrations -- Cross border technology transfers.

Contents: International arbitration: an overview of sources -- Kompetenz-Kompetenz and separability -- Enforcement of the agreement to arbitrate and defenses to enforcement -- Launching the arbitration -- Conduct of the arbitration -- The judicial role in international arbitral proceedings -- Choice of law -- Remedies -- The award and its immediate aftermath -- Annulment of the award -- Recognition and enforcement of awards -- Investor-state arbitration.

Contents: Advocacy in international arbitration -- Psychological persuasion -- Strategy -- Written advocacy -- Oral advocacy -- Regional differences in international arbitration -- Advocacy from the perspective of the arbitrator.

Contents: An introduction to arbitration -- The arbitration presumption -- Arbitrability, severability, and delegation -- Choosing an arbitrator -- Challenging arbitrator selection -- Virtual hearings -- Discovery in arbitration -- Third-party evidence -- Third parties in arbitration -- Injunctions -- Consolidation and waiver -- Enforcement.

Focus: U.S. law, specifically revised Art. 1, original Art. 2, and original Art. 2A of the Uniform Commercial Code.
Contents: Which law governs? -- Contract formation -- Statute of frauds -- Parol evidence rule and interpretation -- Assignment and delegation -- Warranties -- Unconscionability -- Good faith purchasers, subsequent lessees, and sublessees -- Performance -- Anticipatory repudiation and adequate assurance -- Remedies.

Contents: Introduction -- CISG, private international law, party autonomy, trade usages and other sources of law -- International sphere of application and applicability stricto sensu -- Substantive sphere of application and issues governed by the CISG -- Interpretation, form, formation of contract and pre-contractual liability -- Obligations of the seller -- Obligations of the buyer -- Generally available remedies and exemption -- Remedies for fundamental breach.

Available in Kluwer Arbitration database. In BLS Library's catalog record, click: ACCESS ONLINE VERSION--(WOLTERS KLUWER). Off campus: BLS students, faculty and administrators need to use a web browser that communicates with the BLS proxy server. In Kluwer Arbitration's search box, enter: Understanding the CISG > click link to this ebook. Includes: Ch. 1: Introduction and Overview (1-12) & Ch. 2: Field of Application and General Provisions.

Available in Westlaw database. Compares provisions of the UCC and the CISG. Also compares cases that applied either UCC or CISG.
Contents: Ch 1. The U.N. Convention on Contracts for the International Sale of Goods; Ch. 2. Comparison Table of CISG and UCC Provisions; Ch. 3. UCC/CISG Case Comparisons on Mixed Goods and Services Contracts: A Comparison of CISG Article 3 with U.C.C. Article 2; Ch. 4. UCC/CISG Case Comparisons on Course of Dealing and Usage of Trade: A Comparison of CISG Articles 8 and 9 with U.C.C. § 1-205; Ch. 5. UCC/CISG Case Comparisons on Modification: A Comparison of CISG Article 29 with U.C.C. § 2-209; Ch. 6. UCC/CISG Case Comparisons on Warranties: A Comparison of CISG Article 35 with U.C.C. §§ 2-313 through 2-316; Ch. 7. UCC/CISG Case Comparisons on the Right to Cure: A Comparison of CISG Articles 37 and 48 with U.C.C. § 2-508; Ch. 8. UCC/CISG Case Comparisons on Notice Requirements: A Comparison of CISG Articles 38 and 39 with U.C.C. § 2-607(3); Ch. 9. UCC/CISG Case Comparisons on Risk of Loss: A Comparison of CISG Articles 66 through 70 with U.C.C. §§ 2-509, 2-510, 2-319 through 2-324; Ch. 10. UCC/CISG Case Comparisons on Anticipatory Breach and Adequate Assurances of Performance: A Comparison of Articles 71 and 72 with U.C.C. §§ 2-609 through 2-611 and 2-705; Ch. 11. [Reserved]; Ch. 12. UCC/CISG Case Comparisons on Preservation of Goods: A Comparison of CISG Articles 85 through 88 with U.C.C. §§ 2-602 through 2-604; Ch. 13. Contract Planning and Litigation Strategies under the U.N. Sales Convention and the UNIDROIT Principles; Ch. 14. [Reserved]; Ch. 15. Resolving International Contract Disputes; Ch. 16. International Shipping Terms; Ch. 17. Guide to the U.N. Convention on the Limitation Period in the International Sale of Goods; Ch. 18. [Reserved]; Ch. 19. International Arbitration; Ch. 20. Annotated Convention on the International Sale of Goods; Ch. 21. United States Legislative Documents; Ch. 22. CISG Advisory Opinions; Ch. 23. CISG Advisory Council Declarations; Ch. 24. Corporate Counsel's Guide to CISG Resources on the Internet; Appendices; and Bibliography.

Publisher's summary: This is the third edition of the casebook providing an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, this casebook is an excellent starting point for learning about the Convention and will be particularly useful for international trade lawyers, practitioners and students. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2010. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects and domestic laws. The analyses, cases, texts and questions are intended to aid readers in their comparative law and international sales law studies. They are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. The book is a reference work as well as an introduction to the individual problem areas. In particular, it acts as a preparatory work for the Willem C Vis International Commercial Arbitration Moot. Sample questions and answers are also included, which make it particularly helpful for self-study purposes.

Contents: Research, pleading and practice -- Good faith and duty to read -- Scope and preemption -- Choice of law/opting out -- Contract formation -- Interpretation and parol evidence -- Seller's obligations -- Buyer's obligations -- Risk of loss -- Breach, inspection, and notice -- Remedies/damage.