Modern Law for Global Commerce Congress to celebrate the 40 th annual session of UNCITRAL Vienna, 9 -12 July 2007 Presentation of "Handbuch des Internationalen Warenkaufs – UN-Kaufrecht (CISG)" "Handbook of the International Sale of Goods – (CISG)" by the Authors Verweyen/Foerster/Toufar 3/19/2018 1
Modern Law for Global Commerce Target Readership of the Handbook Contract Managers who design or administrate international industrial sales of goods contracts (B 2 B) Lawyers not fully familiar with international industrial sales of goods contracts (B 2 B) Students qualifiying in International Law, especially in CISG 3/19/2018 2
Modern Law for Global Commerce Aims of the Handbook Knowledge transfer of the CISG supported by fr_elearning_tool and coaching methods Risk management of international sales of goods contracts To motivate practitioners to handle international sales of goods contracts independently Design criteria for international sales of goods contracts e. g. applicability of CISG Using of synergies: e. g. - Boilerplates (German/English) - Standard Forms designed under the assumption of the applicability of the CISG Risk profiling of the relevant states of Buyer and Seller or place of delivery of the goods, e. g. - New York Convention (enforcement of arbitrational awards) - Convention on the Limitation Period in the International Sale of Goods - Retention of title - Enforcement of judgments of civil courts by way of reciprocity 3/19/2018 3
Modern Law for Global Commerce The Handbook: no competition to judicial commentaries 3/19/2018 4
Modern Law for Global Commerce Elements of the Handbook 3/19/2018 5
Modern Law for Global Commerce Content of the Handbook 1. Relevance of the CISG 2. Application and scope of the CISG 3. Formation of a contract under the CISG 4. Seller's responsibilities and Buyer's remedies 5. Buyer's responsibilites an Seller's remedies 6. Contract design 7. Boilerplates 3/19/2018 6
Modern Law for Global Commerce Time for knowledge transfer of the Handbook: Time for Knowledge Transfer in Minutes Nr. experienced inexperienced 1. Relevance of the CISG 68 103 2. Application and scope of the CISG 43 65 3. Formation of a contract under the CISG 96 145 4. Seller's responsibilities and Buyer's remedies 186 279 5. Buyer's responsibilites an Seller's remedies 94 141 6. Contract design 163 245 7. Boilerplates 70 80 720 1058 ca. 12 h own time ca. 18 h Summe 3/19/2018 7
Modern Law for Global Commerce Advantages of the digital Handbook in CD-ROM-format (Acrobat Reader) Hyperlinks to endnotes (based on German and Swiss law) websites via internet (e. g. UNCITRAL, ICC) the relevant German and Swiss law references within the Handbook the relevant CISG paragraphs graphics (INCOTERMS 2000) tools (e. g. fr_loopholes_cisg) the terms of the Glossary abbreviations checklists clauses 3/19/2018 8
Modern Law for Global Commerce fr_elearning_tool Modus 1 Is a purely practice module for beginners The user choses a chapter of the Handbook (e. g. Contract Design) and the number of questions he wants to attempt Each attempt shows a result per question (right or wrong) In case of "wrong": Reference by hyperlink to the relevant passage in the text in the Handbook for necessary revision Sample 3/19/2018 fr_elearning_tool 9
Modern Law for Global Commerce fr_elearning_tool Modus 2 The user chooses a chapter of the Handbook and the number of questions The user answers all questions and receives the result only at the end The results will be automatically transferred in an individual statistic (graphic) Sample 3/19/2018 fr_elearning_tool 10
Modern Law for Global Commerce Statistic 3/19/2018 11
Modern Law for Global Commerce fr_elearning_tool Modus 3 This module is designed for checking the knowledge transfer for each user in the form of a test within defined time parameters. Standard: 30 questions (generated from the 7 chapters of the Handbook) in 30 minutes 3/19/2018 12
Modern Law for Global Commerce Test Result: Modus 3 3/19/2018 13
Modern Law for Global Commerce Tool-Box 3/19/2018 14
Modern Law for Global Commerce Tool-Box: 3 Groups of Tools 1. Legal Application of the CISG 2. Designing International Contracts for Sale of Goods 3. CISG Case Law 3/19/2018 15
Modern Law for Global Commerce Tool-Box: Legal Application of the CISG 3/19/2018 16
Modern Law for Global Commerce Tool-Box: Designing International Contracts for Sale of Goods 3/19/2018 17
Modern Law for Global Commerce Tool Box: CISG Case Law 3/19/2018 18
Modern Law for Global Commerce How to use the Tool-Box Facts A German company (Nuremberg) sells industrial pumps to a company in England (London). The Contract was concluded between the parties via telephone. The place of delivery was agreed as: INCOTERMS 2000 FOB Nuremberg. In addition, they agreed that "German substantial law shall apply to the contract". The General Manager of the German company asks an employee which law is applicable to the contract. Graphic Solution 3/19/2018 fr_application_cisg 19
Modern Law for Global Commerce How to use the Tool-Box Facts A German company (Nuremberg) sells industrial pumps to a company in Hungary (Budapest). The Contract was concluded between the parties by handshake in Budapest. The place of delivery was agreed as: INCOTERMS 2000 FOB Nuremberg. In addition they agreed that “Hungarian substantial law shall apply to the Contract”. The General Manager of the German company asks an employee to explain him the risk profile of this Contract. Graphic Solution 3/19/2018 fr_application_cisg 20
Modern Law for Global Commerce fr_loopholes_cisg_de Facts A German company (Nuremberg) sells industrial pumps to a company in England (London). The Contract was concluded between the parties via telephone. The place of delivery was agreed as: INCOTERMS 2000 FOB Nuremberg. In addition they agreed that "German substantial law shall apply to the Contract". The General Manager of the German company asks an employee whether the German company can assign the claims according to the contract to its bank. Graphic Solution 3/19/2018 - Research in the digital Handbook: "Abtretung (Assignment)" - fr_loopholes_cisg_de 21
Modern Law for Global Commerce fr_loopholes_cisg_ch Facts A Swiss company (Zurich) sells industrial pumps to a company in England (London). The Contract was concluded between the parties via telephone. The place of delivery was agreed as: INCOTERMS 2000 FOB Zurich. In addition they agreed that "Swiss substantial law shall apply to the Contract". The General Manager of the Swiss company asks an employee whether the Swiss company can assign the claims to its bank according to the contract. Graphic Solution 3/19/2018 fr_loopholes_cisg_ch 22
Modern Law for Global Commerce fr_risk_profiling_states Facts A Cuban company (Havana) sells industrial pumps to a company in Germany (Nuremberg). The Contract was concluded between the parties via telephone. The place of delivery was agreed to: INCOTERMS 2000 FOB Havana. The parties agreed to ICC Arbitration with its seat in Switzerland (Geneva). The General Manager of the German company asks his Contract Manager what specific risks they have to consider for the sales of goods contract with the company in Cuba, especially: - whether they can enforce a possible arbitral award in Cuba; and - how long the limitation period is for claims under this Contract. Graphic Solution 3/19/2018 fr_risk_profiling_states 23
Modern Law for Global Commerce fr_sample_boilerplates Facts A German company (Nuremberg) sells industrial pumps to a company in Cuba (Havana). The German company proposed the ICC Arbitration with its seat in Switzerland (Geneva). The General Manager of the Cuban company rejects the ICC Arbitration. During the intensive negotiations in Havana the General Manager of the German company asks his Contract Manager to propose constructive alternatives. Graphic Solution 3/19/2018 fr_sample_boilerplates 24
Modern Law for Global Commerce fr_sample_contracts_cisg Facts An Austrian company (Vienna) intends to sell a printing machine (value: EUR 500, 000) to the company in Spain (Barcelona). The Parties agreed neither Austrian nor spanish law shall govern the Contract. They agreed to German substantive law. The Austrian General Manager asks the Contract Manager to draft such a Contract in the next few hours because he wants to sign the Contract today. Graphic Solution 3/19/2018 fr_sample_contracts_cisg 25
Modern Law for Global Commerce fr_sample_contracts_cisg 3/19/2018 26
Modern Law for Global Commerce fr_internet_link_manager Facts The General Manager of an Italian company was confronted during negotiations with a request by a French company to accept the CISG for a Contract for the sale of goods. He asks his Contract Manager to explain the meaning of such a request. Graphic Solution 3/19/2018 fr_internet_link_manager 27
Modern Law for Global Commerce fr_business_audiobook_cisg The fr_business_audiobook_cisg (CISG) is a dynamic tool which allows the efficient transfer of knowledge regarding CISG. This tool is especially useful for “auditory learners” (i. e. those people who learn best by listening) and visually impaired users. It guarantees transfer of knowledge regarding the CISG in the shortest possible time. In addition, this tool can also be used during car, train and air travel. 3/19/2018 28
Modern Law for Global Commerce Questions? Legal Content of the Handbook Urs Verweyen To the Speaker Viktor Foerster Technical Realisation Oliver Toufar Audiobook Lisa Rattmann Download Presentation: http: //www. fr-lawfirm. de/cisg. html 3/19/2018 29
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