This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of…mehr
This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible.
This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People's Courts' approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.
Dr. Peng Guo is Lecturer in Law at Swinburne University of Technology. He has held visiting positions at different universities, including Warwick University, University of Amsterdam, University of Osnabrück and the University of Roma Tre. He has received scholarships awarded by renowned research institutions and international organizations, including the Max Planck Institute for Comparative and International Private Law, the International Institute for the Unification of Private Law (UNIDROIT), the Swiss Institute of Comparative Law, and the European Union. His research interests lie in international sale of goods, particularly the CISG, international commercial arbitration, comparative contract law, and law and technology. He has published articles on the CISG, the UNIDROIT Principles, comparative contract law, and international arbitration. Dr. Haicong Zuo is a Professor in Law School at University of International Business and Economics (UIBE). Prior to joining UIBC Law School, he was Dean and Professor at Law School of Nankai University, and Professor at Law School of Wuhan University. His research interests include, but not limited to international commercial law, WTO law, international economic law and international dispute resolution. He has published on various topics on a number of books and leading journals in both Chinese and English and has chaired or co-chaired different research projects funded by various stakeholders. Dr. Shu Zhang is a Senior lecturer in commercial law in the Deakin Law School, Deakin University (Australia), and coached Deakin Law School's Vis Moot team. Before joining the Deakin Law School, Dr. Zhang was a post-doctoral fellow in the Chinese International Business and Economic Law Initiative, Law School, University of New South Wales (Australia). Her research interests include international commercial law, dispute resolution and international arbitration, as well as comparative contract law. She also completed internships at both the Australian Centre for International Commercial Arbitration (ACICA) and the Chinese International Economic and Trade Arbitration Commission (CIETAC). She is also admitted to practice in New South Wales, Australia. Dr. Zhang obtained her Ph.D. in Law from University of New South Wales (Australia) and her LLM, LLB, and BA in Economics (Double Degree) from Peking University (China).
