Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels from 1990 to 2005, with a total number of cases remaining low due to parties not familiar with the CISG and lack of case collection and report systems.

Format: Hardback
Length: 405 pages
Publication date: 08 July 2022
Publisher: Springer-Verlag Berlin and Heidelberg GmbH & Co. KG

This comprehensive book delves into a detailed examination of Chinese cases on the Convention on the International Sale of Goods (CISG) decided by Chinese courts of all levels, primarily from 1990 to 2005. During this period, the number of cases witnessed a gradual increase, indicating a growing awareness and adoption of the CISG within the Chinese legal system. However, it is worth noting that the total number of cases remained relatively low, which could be attributed to several factors. Firstly, parties involved in transactions may not have been familiar with the CISG, leading them to opt out of its application. Additionally, the case collection and reporting systems in China at that time were not as developed as they are today, making many cases inaccessible and difficult to retrieve.

The focus of this book lies in the early days of the development of the CISG in China. These cases provide valuable insights into how the Peoples Courts, at all levels, began to grapple with various issues arising from the CISG. By examining these cases, scholars and practitioners can gain a better understanding of whether and how the Peoples Courts will evolve their approaches to the interpretation and application of the CISG in the future.

The book is organized into several chapters, each dedicated to a specific aspect of CISG cases in China. The first chapter provides an overview of the CISG and its significance in international trade. It highlights the benefits and challenges associated with the convention and explains how it has been adopted by various countries worldwide.

The second chapter focuses on the legal framework and principles governing CISG cases in China. It examines the relevant laws, regulations, and judicial interpretations that shape the interpretation and application of the CISG in Chinese courts. The chapter also discusses the role of the Chinese Supreme People's Court in interpreting and enforcing CISG cases.

The third chapter explores the specific issues that have been addressed in CISG cases in China. It covers a wide range of topics, including the formation of contracts, the interpretation of terms and conditions, the liability of sellers, and the enforcement of judgments. Each issue is discussed in detail, with examples and case studies to illustrate the application of CISG principles in practice.

The fourth chapter examines the role of international arbitration in resolving CISG disputes in China. It discusses the advantages and disadvantages of arbitration as a means of dispute resolution and explores the procedures and practices followed in international arbitration proceedings in China. The chapter also highlights the role of the Chinese International Economic and Trade Arbitration Commission (CIETAC) in promoting and facilitating international arbitration in China.

The fifth chapter examines the impact of CISG cases on Chinese trade and business. It explores how CISG cases have influenced the development of Chinese trade laws, the formation of business practices, and the promotion of international trade in China. The chapter also discusses the challenges and opportunities that arise from the implementation of the CISG in China and the steps that can be taken to further promote its application and enforcement.

In conclusion, this book offers a comprehensive and insightful examination of Chinese cases on the CISG decided by Chinese courts of all levels, primarily from 1990 to 2005. It provides valuable insights into the early days of the development of the CISG in China and its impact on international trade and business. The cases discussed in the book shed light on the challenges and opportunities that arise from the implementation of the CISG in China and offer valuable guidance for scholars, practitioners, and policymakers interested in understanding the CISG and its application in the Chinese legal system.

Weight: 799g
Dimension: 235 x 155 (mm)
ISBN-13: 9783662652497
Edition number: 1st ed. 2022