论CISG在一些国际商事案件中的应用（英文）
发布时间：2022-10-07 20:58
本文系作者根据其办理国际商事案的笔记整理撰写,主要涉及《销售公约》的适用、公约与内国法的互动、国际法优先、原《涉外经济合同法》第6条规定的缺陷及其对中国仲裁员的但他们却往往没有意识到的负面影响;作者还希图让同行注意澳大利亚学者Marcus S Jacobs在其专门为中国同行撰写的文章中对《销售公约》适用的见解。
【文章页数】：37 页
【文章目录】：
I. Case One: An Australian Company v A Chinese Company
A. The parties and some provisions and clauses contained in the General Distributorship Agreement
B. Quotations from the Statement of Claim by the solicitors of the Buyer and their exposition on the application of the CISG
Particulars
Particulars
C. Brief comments on the Statement of Claims
Sale by description
Implied conditions as to quality or fitness
D. An unreasonable and unexpected event
II.Case Two: A Chinese Company v A Singapore Pte. Ltd Under the Jurisdiction of the CIETAC,South China Numbered SHEN 2008114
A.Briefs of the case
B. The application of the P.R. China law and of the CISG as well
III. Case Three:A Hong Kong Corporation v A Vietnam Corporation Under the Jurisdiction of the CIETAC, South China Numbered as SHEN R2009030
A. The overview of the case
B. The understanding and interpretation of the application of the CISG of the lawyers of the parties
C. The correct principles of application of civil law in connection with foreign elements in China
IV. Case Four: An Australian Corporation v A Chinese Corporation under the Jurisdiction of CIETAC, South China Numbered SHEN M2008201
A. Briefs of the case that closely related to this commentary
B.The Tribunal's Divergent Opinions between the Majority and the Minority on the Applicable Law
C. Advice on the application of the CISG given by one professional within CIETAC, South China
D. The official view of the majority contained in the Final Award ——quotations from the Arbitral Award(21)
D. NPL v MBM
1.About material breach of contract
2. About the application of the CISG
3.The silence of the Parties on the application of the CISG does not mean that they have reached an agreement to exclude the application of the Convention
4.Some precedent or similar case of the application of the CISG at CIETAC, South China
5.Viewpoints of specialists, scholars and professionals in respect of the application of the CISG
6. Concluding Remarks
7. Additional remarks about some respect of the viewpoint held by the majority on the application of law
V.Supplement
A. Some qualifications for an arbitrator
B. The old conception contained in Art 6 of the Repealed Foreign Economic Contract Law
C. Arbitrators on the panel of CIETAC should be somewhat familiar with its precedent
本文编号：3687391
【文章页数】：37 页
【文章目录】：
I. Case One: An Australian Company v A Chinese Company
A. The parties and some provisions and clauses contained in the General Distributorship Agreement
B. Quotations from the Statement of Claim by the solicitors of the Buyer and their exposition on the application of the CISG
Particulars
Particulars
C. Brief comments on the Statement of Claims
Sale by description
Implied conditions as to quality or fitness
D. An unreasonable and unexpected event
II.Case Two: A Chinese Company v A Singapore Pte. Ltd Under the Jurisdiction of the CIETAC,South China Numbered SHEN 2008114
A.Briefs of the case
B. The application of the P.R. China law and of the CISG as well
III. Case Three:A Hong Kong Corporation v A Vietnam Corporation Under the Jurisdiction of the CIETAC, South China Numbered as SHEN R2009030
A. The overview of the case
B. The understanding and interpretation of the application of the CISG of the lawyers of the parties
C. The correct principles of application of civil law in connection with foreign elements in China
IV. Case Four: An Australian Corporation v A Chinese Corporation under the Jurisdiction of CIETAC, South China Numbered SHEN M2008201
A. Briefs of the case that closely related to this commentary
B.The Tribunal's Divergent Opinions between the Majority and the Minority on the Applicable Law
C. Advice on the application of the CISG given by one professional within CIETAC, South China
D. The official view of the majority contained in the Final Award ——quotations from the Arbitral Award(21)
D. NPL v MBM
1.About material breach of contract
2. About the application of the CISG
3.The silence of the Parties on the application of the CISG does not mean that they have reached an agreement to exclude the application of the Convention
4.Some precedent or similar case of the application of the CISG at CIETAC, South China
5.Viewpoints of specialists, scholars and professionals in respect of the application of the CISG
6. Concluding Remarks
7. Additional remarks about some respect of the viewpoint held by the majority on the application of law
V.Supplement
A. Some qualifications for an arbitrator
B. The old conception contained in Art 6 of the Repealed Foreign Economic Contract Law
C. Arbitrators on the panel of CIETAC should be somewhat familiar with its precedent
本文编号：3687391
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