The Draft UNCITRAL Digest and Beyond

The Draft UNCITRAL Digest and Beyond

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a€œThe Draft UNCITRAL Digest and Beyonda€ is one of the most useful single volumes available on the CISG. It includes the full text of the draft a€œUNCITRAL Digesta€ which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. a€œThe Digest and Beyonda€ includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. a€œThe Digest and Beyonda€ includes the draft a€œUNCITRAL Digesta€, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the a€œUNCITRAL Digesta€. The Digest describes the reasoning and results of existing CISG cases; in a€œThe Digest and Beyonda€, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, a€œThe Digest and Beyonda€ provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.The choice of the law of a Contracting State as the law governing the contract poses more difficult problems.45One of these ... For further discussion of this problem, see Bonell, supra note 13, at 19; Ferrari, supra note 11, at 115-16; Herber andanbsp;...

Title:The Draft UNCITRAL Digest and Beyond
Author:Franco Ferrari, Harry Flechtner, Ronald A. Brand
Publisher:Walter de Gruyter - 2003-01-01


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