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|Table of Contents:|
Introduction; E. E. Bergsten.
Part I: Setting the Stage.
1. The Study of International Commercial Law.
I. International Trade: The Theory, the Institutions, and the Law.
II. Commercial and Legal Considerations.
Part II: Enter the CISG.
2. Application and General Provisions.
I. Interpreting the CISG.
II. Scope of Application.
III. General Provisions.
3. Forming a Contract under the CISG.
III. Battle of the Forms.
4. The Obligations of the Parties.
I. The Obligations of the Seller.
II. The Obligations of the Buyer.
5. Remedies for Breach.
I. Inspection, Notice, and Cure Provisions.
II. Buyer’s Remedies for Seller’s Breach.
III. Seller’s Remedies for Buyer’s Breach.
IV. Anticipatory Breach and Installment Contracts.
V. Preservation of the Goods.
Part III: Dispute Resolution.
7. Arbitration as an Alternative to National Courts.
I. The Work of UNCITRAL and the Development of Modern Arbitration.
II. Evaluating the Pros and Cons of Arbitration.
III. Negotiating and Drafting an Effective Arbitration Agreement.
IV. Institutional and Ad Hoc Arbitration Rules.
V. The Importance of the Lex Arbitri and the Interaction of Express Terms, Rules, and Law.
8. Arbitration as a Contract between the Parties.
I. The Decision to Commence Arbitration Proceedings.
II. Respondent’s Obligations and Options.
III. The Potential Need for Immediate Interim Relief.
IV. Constitution of the Arbitral Tribunal.
V. Jurisdiction Part IV: The Question of Who Decides Any Jurisdictional Challenge.
VI. Jurisdiction Part II: The Substantive Jurisdictional Issues to Be Decided—It’s Almost All about Consent.
9. Arbitration as a Procedure to Decide the Parties’ Dispute.
I. Pleadings, Planning and Other Preliminary Matters.
II. Default Proceedings.
III. Hearing the Parties’ Case on the Merits.
IV. The Final Award.
10. Arbitration as a Final Award: Challenges and Enforcement.
I. Introduction to Court Actions to Challenge or Enforce the Arbitrators’ Final Award.
II. Direct Challenges by the Disappointed Party: Offensively Attacking the Award in the Place of Arbitration.
III. Waiting for Enforcement: Defensively Resisting Enforcement on One’s Own Turf.
Appendix A: UNCITRAL Model Law Jurisdictions.
Appendix B: Sources of Contracting Parties’ Rights and Obligations.
Appendix C: Sources of Law and Party Intent Applicable in International Commercial Arbitration.
Appendix D: Grounds to Set Aside or Refuse Enforcement of an Arbitration Award.