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04.06.2014 1 Modern Law for Global Commerce Congress to celebrate the 40th annual session of UNCITRAL Vienna, 9-12 July 2007 Presentation of "Handbuch.

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Presentation on theme: "04.06.2014 1 Modern Law for Global Commerce Congress to celebrate the 40th annual session of UNCITRAL Vienna, 9-12 July 2007 Presentation of "Handbuch."— Presentation transcript:

1 04.06.2014 1 Modern Law for Global Commerce Congress to celebrate the 40th 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

2 04.06.2014 2 Modern Law for Global Commerce Target Readership of the Handbook Contract Managerswho design or administrate international industrial sales of goods contracts (B2B) Lawyersnot fully familiar with international industrial sales of goods contracts (B2B) Studentsqualifiying in International Law, especially in CISG

3 04.06.2014 3 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

4 04.06.2014 4 Modern Law for Global Commerce The Handbook: no competition to judicial commentaries

5 04.06.2014 5 Modern Law for Global Commerce Elements of the Handbook

6 04.06.2014 6 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

7 04.06.2014 7 Modern Law for Global Commerce Time for knowledge transfer of the Handbook: Time for Knowledge Transfer in Minutes Nr.experiencedinexperiencedown time 1.Relevance of the CISG68103 2.Application and scope of the CISG4365 3.Formation of a contract under the CISG96145 4.Seller's responsibilities and Buyer's remedies186279 5.Buyer's responsibilites an Seller's remedies94141 6.Contract design163245 7.Boilerplates7080 Summe7201058 ca. 12 hca. 18 h

8 04.06.2014 8 Modern Law for Global Commerce Advantages of the digital Handbook in CD-ROM-format (Acrobat Reader) Hyperlinks toendnotes (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)INCOTERMS 2000 tools (e.g. fr_loopholes_cisg)fr_loopholes_cisg the terms of the Glossary abbreviations checklists clauses

9 04.06.2014 9 Modern Law for Global Commerce fr_elearning_tool Modus 1Is 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 Samplefr_elearning_tool

10 04.06.2014 10 Modern Law for Global Commerce fr_elearning_tool Modus 2The 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) Samplefr_elearning_tool

11 04.06.2014 11 Modern Law for Global Commerce Statistic

12 04.06.2014 12 Modern Law for Global Commerce fr_elearning_tool Modus 3This 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

13 04.06.2014 13 Modern Law for Global Commerce Test Result: Modus 3

14 04.06.2014 14 Modern Law for Global Commerce Tool-Box

15 04.06.2014 15 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

16 04.06.2014 16 Modern Law for Global Commerce Tool-Box: Legal Application of the CISG

17 04.06.2014 17 Modern Law for Global Commerce Tool-Box: Designing International Contracts for Sale of Goods

18 04.06.2014 18 Modern Law for Global Commerce Tool Box: CISG Case Law

19 04.06.2014 19 Modern Law for Global Commerce FactsA 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 Solutionfr_application_cisg How to use the Tool-Box

20 04.06.2014 20 Modern Law for Global Commerce FactsA 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 Solutionfr_application_cisg How to use the Tool-Box

21 04.06.2014 21 Modern Law for Global Commerce FactsA 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- Research in the digital Handbook: "Abtretung (Assignment)"Abtretung - fr_loopholes_cisg_defr_loopholes_cisg_de

22 04.06.2014 22 Modern Law for Global Commerce FactsA 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 Solutionfr_loopholes_cisg_ch

23 04.06.2014 23 Modern Law for Global Commerce FactsA 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 Solutionfr_risk_profiling_states

24 04.06.2014 24 Modern Law for Global Commerce FactsA 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 Solutionfr_sample_boilerplates

25 04.06.2014 25 Modern Law for Global Commerce FactsAn 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 Solutionfr_sample_contracts_cisg

26 04.06.2014 26 Modern Law for Global Commerce fr_sample_contracts_cisg

27 04.06.2014 27 Modern Law for Global Commerce FactsThe 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 Solutionfr_internet_link_manager

28 04.06.2014 28 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.

29 04.06.2014 29 Modern Law for Global Commerce Questions? Legal Content of the HandbookUrs Verweyen To the SpeakerViktor Foerster Technical RealisationOliver Toufar AudiobookLisa Rattmann Download Presentation: http://www.fr-lawfirm.de/cisg.htmlhttp://www.fr-lawfirm.de/cisg.html


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