Bruno Zeller - Böcker

This third edition of the only work to focus on damages under the CISG maintains its purpose as the primary reference source for this topic. Addressing global judicial and arbitral decisions, the book demonstrates the differences between uniform international instruments and domestic laws, and comparatively analyses the calculation of damages under civil and common law systems under the United Convention on Contracts for the International Sale of Goods (CISG). A new chapter on penalty clauses examines the impact of recent cases in England (Cavendish Square Holding BV V Makdesi) and Australia (Paccioco v Australia and New Zealand Banking Group Ltd) concerning the interpretation of penalty clauses and their relationship with the CISG. Further new material includes: an expanded discussion of the question of good faith; new approaches relating to attorneys' fees; consideration of states that have recently ratified the CISG; and an examination of the developments in the EU in relation to the attempt to introduce a new harmonised contract law.

Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws.Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws to dispute resolution.The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past 20 years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law.Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers.

Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws.Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.

The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment.

This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union.The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security.  The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union.The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security.  The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards.  The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception.The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond.“…The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in myopinion, is unique in many respects. The distinguishing factor of this book is its regional perspective…"                - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator“…This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated…”- Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, HungaryDetailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0