2020 marked the 40th anniversary of the CISG which now has over 90 Contracting States, with Hong Kong formally adopted the Convention in 2022, and further States are currently considering their accession to the Convention. Even more importantly, significantly more international case law applying the CISG has become available since the last edition in 2016. This timely new edition considers these new cases and other important developments and literature, continuing to provide the meticulous detail and authority of analysis of previous editions. Some of the article-by-article chapters have been completely rewritten.
The fifth edition furthermore includes two new thematic chapters enabling coverage of topical subjects in a holistic way with reference to the various CISG articles they concern. In recent practice, contracts have started to emerge that concern the sale of data, raising numerous issues concerning the applicability of the CISG. The new CISG and Data Trading chapter addresses these questions, making this Commentary the first to cover "digital" trade under the CISG. The new chapter INCOTERMS and the CISG provides easily accessible overviews of all INCOTERMs 2020 and the interactions between contractual CIF, FOB and other INCOTERM clauses and the CISG's provisions in case the Convention applies (as often in practice) as underlying sales law rules.
Since the publication of the first edition in 1998, the Commentary has become an invaluable source for the comprehension and discussion of the Convention, frequently cited by legal writers, tribunals, and courts all over the world. Written by an international team of contributors, this book provides expert analysis, and combines judicial and scholarly views from numerous jurisdictions. This is the most comprehensive and authoritative commentary on the CISG, and an invaluable resource for scholars and practitioners alike.
Ingeborg Schwenzer, Professor emerita of Private Law, University of Basel, Switzerland, Ulrich G. Schroeter, Professor of Law, University of Basel, Switzerland
Ingeborg Schwenzer is Dean of Swiss International Law School and Professor emerita of Private Law at the University of Basel, Switzerland. Additionally, she is an adjunct professor at Bond University, Gold Coast, Australia, and has been an adjunct professor at City University, Hong Kong, and at Griffith University, Brisbane, Australia. She has published numerous books and more than 200 articles in the fields of law of obligations (contracts, tort law and unjust enrichment, sales law both domestic and international), commercial arbitration as well as family law. From 2011 to 2018 Ingeborg Schwenzer was the chair of the CISG Advisory Council. She is also active in all areas of legal practice. In particular, she regularly acts as arbitrator, counsel and legal expert in international disputes.
Ulrich G. Schroeter is Professor of Law at the University of Basel, Switzerland. He has published extensively on the 1980 Vienna Sales Convention (CISG) and on other matters in the fields of Swiss and German contract law, international trade law, arbitration, treaty law, commercial law and financial markets regulation. Ulrich's research has been cited by courts worldwide including in Australia, Austria, Germany, the Netherlands, Switzerland and the USA as well as by Advocates General at the European Court of Justice. He serves as the national correspondent for Switzerland to the United Nations Commission on International Trade Law (UNCITRAL) for the CISG and is a member of the CISG Advisory Council. Ulrich regularly advises on CISG matters.
