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Force Majeure and Hardship Under General Contract Principles
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses princi...
Commentary on the UN Sales Law (CISG)
Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisi...
Transnational sales contract
The United Nations Convention on Contracts for the International Sale of Goods (CISG) turned 40 in 2020 and experts around the world didn’t miss the celebrations. This book collects twenty-five studies in tribute to the CISG for its 40 anniversary, written by experts from Europe, America and Asia, with different focus of analysis. The goal of “The transnational sales contract. 40 years influence of the CISG on national jurisdictions” is to present what we have learned from the CISG during this time of born, development and consolidation. The book aims at navigating through the influence of the CISG in different jurisdictions, thus revealing the creation and existence of a truly autonomous and transnational contract law of worldwide application.
Offshore Tax Evasion
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Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
Poetry and Contemporary Visual Culture / Lyrik und Zeitgenössische Visuelle Kultur
This book's goal is to determine the significance of visual culture in the production of contemporary poetry and to sound out the insights poetry might generate into contemporary visual culture. Its main hypothesis is that poetry holds considerable potential for (post-)digital language, image, and media criticism. The visual dimensions of recent poetry encompass, for instance, kinetic writing in digital poetry, visual elements in social media poems, and (spoken and written) text-image interactions in poetry films as well as in book poetry. The articles examine these medial correlations and their political implications by asking how visual culture is applied, exposed, and debated in poetry. T...
Globalizing the Avant-Garde
How has the process of globalization shaped artistic practices on the one hand, and art history and theory on the other? The contributions in this volume approach this question from a range of perspectives, taking into account the role of travel, for example, or practitioners’ increasing knowledge of other cultures, art’s increasing awareness of itself as existing on a global level, literary translation, the advance of technology, and the ever-changing grand narratives of art history. As well as reflections on European avant-gardes and neo-avant-gardes, the collection features discussions of Japan, Latin America, Africa, Asia and the Pacific. As a whole, the volume engages with broader current discourses about cultural globalization, and features input from leading scholars around the world as well as some important novel interventions by early-career researchers. The authors not only make a major contribution to the evolution of avant-garde studies, but also offer valuable, original points of view to art history and to the cultural theory of globalization more broadly.
Activism
An edited collection that addresses the vital intersection of contemporary art and activism in this watershed cultural moment. Activism is a critical point of contention for institutions and genealogies of contemporary art around the world. Yet artists have consistently engaged in activist discourse, lending their skills to social movements, and regularly participating in civil and social rights campaigns while also boycotting cultural institutions and exerting significant pressure on them. This timely volume, edited by Tom Snow and Afonso Ramos, addresses an extraordinary moment in debates over the institutional frameworks and networks of art including large-scale direct actions, as well as...
Good Faith in International Commercial Arbitration
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehen...
