CISG与国际货物买卖法律风险防范.pptxVIP

CISG;CISG简介 适用的范围 合同的订立 双方的义务 违约的救济 风险的转移 免责的事由 ;1964年海牙外交会议通过 《国际货物买卖统一法公约》 《国际货物买卖合同成立统一法公约》 联合国国际贸易法委员会 《联合国国际货物销售合同公约》(1980) 截止2017年11月30日，88个缔约方 ;Case Law on UNCITRAL Texts (CLOUT)/clout/index.jspx;公约共分为四个部分： （1）适用范围和一般规定； （2）合同的成立； （3）货物买卖； （4）最后条款。 全文共101条。;2017年12月7日;适用范围;适用范围;适用范围;适用范围;适用范围;适用范围;适用范围;Level 1 text Level 2 text Level 3 text Level 4 text Level 1 text Level 2 text Level 3 text Level 4 text;The Peanuts Case: a Chinese seller an Indonesian buyer The L/Cs issuing date In Chinese: the L/C shall arrive to the seller 15 days before the month of the loading time In English: the L/C must reach the seller 15 days before the commencement of the shipping period. The English description and the Chinese description have the same force. ;CIETEC It was more reasonable, though, that the issuing date was the one expressed in the English version. According to the Tribunal the contract was a standard contract provided by the seller, which should be liable for the consistency of the English and Chinese version pursuant to article 8 CISG. The Tribunal further held that the seller did not deliver the goods during the shipping period, in accordance with the contract, as the letter of credit did not reach it in the stipulated period. In this respect the buyer breached the contract, since it did not issue the L/C as per the agreement with the seller. The Arbitration Tribunal finally noted that the buyer did not prove it actually suffered any loss from the sellers breach of contract. According to the Tribunal there was no evidence that the seller knew or should have known that the buyer would incur an exempted custom-duty loss when it signed the contract (article 74 CISG). Therefore, the Tribunal dismissed the buyers claim for losses, but ordered the seller to compensate the buyer for the cost of issuing and confirming the L/C.;Classification of issues present APPLICATION OF CISG: Yes APPLICABLE CISG PROVISIONS AND ISSUES Key CISG provisions at issue: Artic