Loukas A. Mistelis

UN Convention on Contracts for the International Sale of Goods (CISG)

To make the commentary as user-friendly as possible the comments on each article follow the same structure. The first part (I) gives a short overview on the content of the article, its drafting history and its role in the context of the CISG where appropriate. The second part (II) contains the detailed commentary of the article while the third part (III) contains references to comparable rules in other legal instruments which may be useful in interpreting and applying the article There is wealth of resources relating to the CISG. We have made every effort to ensure that all major authorities are referred to, but in a fashion which keeps the book in a manageable size and points the user to readily available online resources. In particular: Often cited sources are listed in the abbreviated bibliography section and hence in the commentary only the names of the authors and short titles are listed in the footnotes; moreover, whenever articles are also available through the Pace University Albert H Kritzer CISG Database (www.cisg.law.pace.edu) we have indicated that through the following reference: (Pace) We do not use the full citation of judicial decisions or arbitration awards where there is a freely accessible online publication of the same: in such cases, we refer wherever appropriate to the case with the number provided by the CISG Online database maintained by the Global Sales Law project of the University of Basel (http://www.globalsaleslaw.org/index.cfm?pageID=28) and indicate if an English translation of the case exists on the Pace University Albert H Kritzer CISG Database (www.cisg.law.pace.edu) by the reference: (Pace). Full texts and English translations (typically through the Queen Mary Translation Programme) are readily available on these free access databases. As both of them are very user-friendly and cases can easily be retrieved by the date of the decisions, we have refrained from giving the exact web-address for every case.

Rules and Networks. The Legal Culture of Global Business Transactions edited by Richard P. Appelbaum, William L. F. Felstiner, and Volkmar Gessner

Rules and Networks. The Legal Culture of Global Business Transactions edited by Richard P. Appelbaum William L. F. Felstiner and Volkmar Gessner. Published by Hart Publishing, Oxford (2001, xiii + 427 pp). ISBN 1-84113-296-9. This book is a welcome addition to the bibliography discussing the emergence of a global regulatory framework for international business transactions. The discussion is not new1 nor is it purely theoretical, but it does have an impact on legal practice; in particular, on arbitration. However, the perspective of Rules and Networks is novel as it offers theoretical support and interdisciplinary legitimacy for many arguments already made. While globalization in the aftermath of 11 September is no longer fashionable,2 the main premise, that as far as international commercial relations are concerned one could observe the incremental organic creation of an autonomous system which operates on the basis of rules of law rather than legal systems, is appealing and increasingly well founded. Effectively one could speak of a lex arbitralis materialis which consists of transnational substantive rules,3 general principles of law and practice as generally expressed in the work of leading arbitration institution and international law firms. In addition such an emerging autonomous system is compatible with the rules of many of the major international arbitration institutions.4 Such a system can only work if it is predictable enough and if it is an accurate reflection of accepted practice (s). It will normally operate because of party autonomy and when widely acceptable it will have a significant role to play in trade facilitation. A possible disadvantage of such a system may be that it is culturally neutral or, when it expresses a legal culture this may not be universally acceptable. However, one can argue that to the extent that lawyers and law firms are ultimate users of this autonomous system, those who participate in major business dispute resolution share the same culture, irrespective of their place of work. Most of the issues above are discussed in Rules and Networks …