item: #1 of 147 id: njcl-1977 author: Garf Ulfbeck, Vibe; Peterková Mitkidis, Kateřina; Horváthová, Alexandra title: Foreword date: 2017-09-28 words: 2986 flesch: 34 summary: A parallel conflict may arise with regard to pension funds, where directors may be obliged to act against the wishes of the fund’s members to pursue CSR goals in order to avoid liability for not acting with due care to make the most profitable investments.15 With regard to states, there may be a conflict between their international obligations to pursue sustainability goals on the one hand and public procurement law, trade law or investment law obligations to pursue economic wealth and growth on the other. The commitments are largely voluntary in the sense that they are presumed to go beyond direct obligations under state law. keywords: csr; goals; human; international; law; rights; states; sustainability cache: njcl-1977.pdf plain text: njcl-1977.txt item: #2 of 147 id: njcl-1979 author: Rott, Peter title: Directors’ Duties and Corporate Social Responsibility under German Law – Is Tort Law Litigation Changing the Picture? date: 2017-09-28 words: 8172 flesch: 51 summary: In contrast, there is little doubt that soft law, and even international soft law, does not count as ‘law’ in this sense but would rather be classified as an emanation of ‘good morals’; and clearly, there is no obligation under German company law to comply with good morals.17 It is argued that those liability risks are substantive in amount but uncertain due to the early state of case law, with a number of relevant cases pending at this moment; which allows directors a certain margin of appreciation. keywords: cape; case; chandler; company; corporation; csr; directors; duties; duty; german; law; liability; note; parent; subsidiary; supra; tort cache: njcl-1979.pdf plain text: njcl-1979.txt item: #3 of 147 id: njcl-1980 author: Horváthová, Alexandra; Feldthusen, Rasmus Kristian; Garf Ulfbeck, Vibe title: Occupational Pension Funds (IORPs) & Sustainability: What does the Prudent Person Principle say? date: 2017-09-28 words: 12144 flesch: 43 summary: 62 Clifford Chance, 'Prudent pension investments: Court nullifies Dutch Central Bank instruction', Clifford Chance Client Briefing, April 2012. 65 Chance, 'Prudent pension investments: Court nullifies Dutch Central Bank instruction', Clifford Chance Client Briefing, April 2012. keywords: article; assets; directive; esg; factors; governance; investment; investment policy; iorps; law; liability; pension; pension funds; person; person principle; policy; principle; rule; sustainability cache: njcl-1980.pdf plain text: njcl-1980.txt item: #4 of 147 id: njcl-1982 author: Andrecka, Marta; Peterková Mitkidis, Kateřina title: Sustainability requirements in EU public and private procurement – a right or an obligation? date: 2017-09-28 words: 15568 flesch: 34 summary: 53 Public Sector Directive, Article 68; Dacian C Dragos and Bogdana Neamtu, ‘Life-cycle costing for sustainable public procurement in the European Union’ in Beate Sjåfjell and Anja Wiesbrock (eds), Sustainable Public Procurement Under EU Law - New Perspectives on the State as Stakeholder (Cambridge University Press 2016). 66 United Nations Environment Programme (UNEP), Sustainable Consumption and Production Branch (2012) accessed 26 April 2017; European Commission, Sustainable public procurement accessed 26 April 2017; GA A/68/970, Report of the Open Working Group of the General Assembly on Sustainable Development Goals, 12 August 2014; DEFRA, Procuring the future: sustainable procurement national action plan: recommendations from the Sustainable Procurement Task Force (DEFRA 2006), at 10; European Commission, Buying social: a guide to taking account of social considerations in public procurement, IP/11/105, 28 January 2011. keywords: article; business; companies; considerations; contract; contracting; csr; development; directive; eu procurement; european; international; issues; law; matter; obligation; procurement; procurement processes; public; respect; subject; sustainability; sustainability requirements cache: njcl-1982.pdf plain text: njcl-1982.txt item: #5 of 147 id: njcl-1983 author: Zhu, Ying title: Corporate Social Responsibility and International Investment Law: Tension and Reconciliation date: 2017-09-28 words: 12972 flesch: 40 summary: In such circumstances, international investment tribunals are taking the critical responsibility of balancing foreign investor’s right to a fair investment environment and the host state’s right to regulate social responsibilities of foreign investments. This tension results from the imbalance between international economic regulation and social regulation of foreign investments. keywords: 2015; acfi; art; brazil; canada; csr; csr provisions; expropriation; foreign; host; host state; international; investment; investment law; investment treaties; investor; law; social; state; treatment cache: njcl-1983.pdf plain text: njcl-1983.txt item: #6 of 147 id: njcl-1984 author: Glinski, Carola title: CSR and the Law of the WTO – The Impact of Tuna Dolphin II and EC–Seal Products date: 2017-09-28 words: 12639 flesch: 40 summary: Within the field of CSR measures, the public-private, mandatory- voluntary distinction has gained particular attention in the area of voluntary (eco-) labels. CONCLUSION From the above, a certain likelihood of CSR measures to be attributed to the state can be deduced. keywords: article; body; csr; dolphin; law; measures; products; regulation; requirements; seal; standards; trade; tuna; wto cache: njcl-1984.pdf plain text: njcl-1984.txt item: #7 of 147 id: njcl-2104 author: Neumann, Thomas title: Foreword date: 2018-01-23 words: 615 flesch: 57 summary: 209 – 231 BY MICHELE GIANNINO CISG ADVISORY COUNCIL OPINION NO. 17 LIMITATION AND EXCLUSION CLAUSES IN CISG CONTRACTS ................................................................ The journal grew from the community surrounding my friend and academic mentor Albert H. Kritzer, who was the founder and editor of the CISG Database hosted by Pace Law in New York. keywords: cisg; contribution; journal cache: njcl-2104.pdf plain text: njcl-2104.txt item: #8 of 147 id: njcl-2105 author: Schroeter, Ulrich title: A Time-Limit Running Wild? Article 39(2) CISG and Domestic Limitation Periods date: 2018-01-23 words: 13473 flesch: 56 summary: The reason why their position is mentioned last in the present context lies in the inherent risk to the international character of the Convention and the need to promote uniformity in its application, which are both listed in Article 7(1) CISG as interpretative goalposts:47 With the ratification of the CISG, the legislative organs of ratifying States relinquish their influence on the content of the Convention48 and leave all interpretative power to the community of courts in CISG Contracting States.49 Any guidance from a Contracting State about the ‘correct’ interpretation of CISG provisions – may it be in form of an interpretative declaration50 or a domestic law51 – therefore constitutes a threat to Article 7(1) CISG’s principles and should be avoided. The explanations to the parliamentary act of ratification therefore explain that an unfettered application of § 477 BGB could lead to ‘problems’ if the buyer did not and could not identify the non-conformity with these six months, as his rights would then be affected by limitation, although Article 39(2) CISG gives him the right to rely on a non- conformity until two years have passed since the goods were actually handed over.52 ‘In order to not erode’ the latter provision through the short limitation period in § 477 BGB,53 a special provision was introduced in Article 3 of the Act implementing the CISG into German law (Vertragsgesetz)54 according to which the limitation period only began to run in case of CISG contracts at the moment the buyer had given notice of non-conformity in accordance with Article 39(1) CISG. keywords: article; buyer; case; cisg; cisg para; conflict; conformity; convention; court; domestic; goods; law; limitation; limitation period; limits; non; notice; online; para; period; time; year cache: njcl-2105.pdf plain text: njcl-2105.txt item: #9 of 147 id: njcl-2106 author: Mitkidis, Katerina; Neumann, Thomas title: Entire Agreement Clauses: Convergence between US and Danish Contract Law? date: 2018-01-23 words: 13310 flesch: 47 summary: On this background, the article aims to elucidate the influence of American contract law and contract drafting style on Danish contract law and practice, taking the entire agreement (EA) clause as an example. It takes the influence of American contract law and contract drafting style on Danish contract law and practice as an example.5 The purpose of the clauses is described in detail in sections III and IV. keywords: agreement; american; andersen; contract interpretation; contract law; contracts; court; danish; ea clauses; evidence; governing law; international; interpretation; law; legal; parties; practice; principles; rules cache: njcl-2106.pdf plain text: njcl-2106.txt item: #10 of 147 id: njcl-2107 author: Giannino, Michele title: Public Service Compensation in the Aviation Sector: The Swedish Airports State Aid Cases date: 2018-01-23 words: 9942 flesch: 51 summary: Member States can defend the Commission’s objections that airport aid constitutes incompatible State aid under Article 107(1) TFEU by invoking the rules in the SGEI package. The Commission considered the legality of airport aid in the form of public service compensation in a further case concerning a Swedish airport, Västeras Airport11. keywords: aid; airport; commission; compensation; kalmar airport; note; public; sgei; sgei framework; skelleftea airport; state aid cache: njcl-2107.pdf plain text: njcl-2107.txt item: #11 of 147 id: njcl-2108 author: Schwenzer, Ingeborg; Atamer, Yesim; Bergsten, Eric; Bonell, M. Joachim; Bridge, Michael; Garro, Alejandro; Goode, Roy; Gotanda, John; Shiyuan, Han; Lebedev, Sergei; Viscasillas, Pilar Perales; Ramberg, Jan; Sono, Hiroo; Schroeter, Ulrich; Witz, Claude; Eiselen, Sieg title: CISG Advisory Council Opinion No. 17 Limitation and Exclusion Clauses in CISG Contracts date: 2018-01-23 words: 37639 flesch: 53 summary: In respect of CISG contracts, it is disputed whether the principle of good faith and fair dealing applies as such to the parties’ behavior and their agreement. On the other hand, public policy (“ordre public interne”) and mandatory rules of domestic origin (“lois d’ordre public interne”) only apply to CISG contracts to the extent that the CISG does not provide otherwise (Article 4). keywords: agreement; article; breach; buyer; case; cisg; cisg ac; civil; clauses; code; contract; contract clauses; contract law; contract terms; convention; court; damages; exclusion; exclusion clauses; exemption; general; goods; international; law; liability; liability clauses; limitation; limitation clauses; opinion; parties; party; price; principles; rules; sale; seller; standard; validity; warranty cache: njcl-2108.pdf plain text: njcl-2108.txt item: #12 of 147 id: njcl-2480 author: Jull Sørensen, Marie title: Foreword date: 2018-11-22 words: 1566 flesch: 47 summary: On the basis of considerations expressed in existing legislation and expressed policies, the authors reflect on balance on various areas related to regulation of intermediary platforms. This is the common line of thought in the 10 contributions in this special issue on online intermediary platforms. keywords: contributions; intermediary; law; platforms; regulation cache: njcl-2480.pdf plain text: njcl-2480.txt item: #13 of 147 id: njcl-2483 author: Savin, Andrej title: EU Regulatory Models for Platforms on the Content and Carrier Layers: Convergence and Changing Policy Patterns date: 2018-11-22 words: 12096 flesch: 48 summary: We saw that the EU largely applies the existing regulatory tools to new platforms. I argue that this approach may not necessarily be beneficial and look into alternatives involving a rethink of platform regulation across rather than within different layers. keywords: article; content; convergence; directive; information; laws; media; new; platforms; policy; proposal; regulation; section; services; telecoms cache: njcl-2483.pdf plain text: njcl-2483.txt item: #14 of 147 id: njcl-2484 author: Garf Ulfbeck, Vibe; Salung Petersen, Clement; Hansen, Ole title: Platforms as Private Governance Systems – The Example of Airbnb date: 2018-11-22 words: 10024 flesch: 49 summary: Furthermore, since Airbnb generally does not verify the identity of its users, it will properly be quite easy for a suspended user to register again as a new user of the Airbnb platform.79 It is unclear, whether the reputational schemes (user reviews and ratings) provide users with a general incentive to comply with Airbnb rules and policies. In this article, we use the concept of private governance to make a case study of the private legal order of Airbnb. keywords: airbnb; consumer; contract; governance; host; law; platform; protection; section; state; terms; user cache: njcl-2484.pdf plain text: njcl-2484.txt item: #15 of 147 id: njcl-2485 author: Jull Sørensen, Marie title: Intermediary Platforms – The Contractual Legal Framework date: 2018-11-22 words: 13041 flesch: 49 summary: Because of the reliance on a crucial number of users, in some sectors of business platforms could, however, be counter productive for the market. For each framework, criteria are derived, and it is discussed how and if these criteria are met in regards to intermediary platforms. keywords: case; consumer; consumer contract; consumer protection; contract; contractual; court; customer; danish; european; information; intermediary; labour; law; legal; peer; platform; protection; provider; uber cache: njcl-2485.pdf plain text: njcl-2485.txt item: #16 of 147 id: njcl-2486 author: Westregård, Annamaria title: Digital collaborative platforms: A challenge for social partners in the Nordic model date: 2018-11-22 words: 9707 flesch: 47 summary: Other conditions such as holiday pay and insurance (§ 10–22) are the same for temporary work employees, regardless of the industry. Performing parties can be platform employees, perhaps even the service consumer’s employees, or the work is done by someone who is self-employed and has their own company, a sole trader (enskild firma) or owner of a limited company (aktiebolag). keywords: 2016; agreements; conditions; crowdworkers; digital; economy; employee; employment; labour; law; model; party; platforms; section; self; term; work; working cache: njcl-2486.pdf plain text: njcl-2486.txt item: #17 of 147 id: njcl-2487 author: Videbæk Munkholm, Natalie; Højer Schjøler, Christian title: Platform Work and the Danish Model – Legal Perspectives date: 2018-11-22 words: 12872 flesch: 44 summary: DANISH COMPETITION AUTHORITIES – CASE LAW ON ATYPICAL EMPLOYEES AND COLLECTIVE AGREEMENTS .......................................................................................... 128 4.1.2. Collective agreements are a prerequisite for the Danish model to be extended to persons providing services via digital platforms. keywords: act; agreement; case; case law; competition; court; danish; employee; employment; labour; labour law; law; persons; platform; platform work; self; service; social; work; working cache: njcl-2487.pdf plain text: njcl-2487.txt item: #18 of 147 id: njcl-2488 author: Fjord Kjærsgaard, Louise; Koerver Schmidt, Peter title: Allocation of the Right to Tax Income from Digital Intermediary Platforms – Challenges and Possibilities for Taxation in the Jurisdiction of the User date: 2018-11-22 words: 12079 flesch: 45 summary: Moreover, the second directive introduces an interim solution enabling member states to levy a tax of 3% on revenues from certain types of digital services (digital services tax), where the main value is created through user participation.81 Below, the proposal laying down rules relating to a significant digital presence is analysed in further detail. Moreover, the users of digital platforms may be seen to bear the burden of verifying the product quality, e.g. by giving a rating or writing a review. keywords: article; business; data; digital; economy; example; footnote; income; international; jurisdiction; law; oecd; platform; platform enterprise; services; tax; taxation; users cache: njcl-2488.pdf plain text: njcl-2488.txt item: #19 of 147 id: njcl-2489 author: Einefors, Robert title: Airbnb and the Swedish Tenancy Legislation: An Analysis of Unexplored Possibilities date: 2018-11-22 words: 13373 flesch: 58 summary: Subletting only a part, e.g. a single room, while still retaining the rights to use the rest of the dwelling, which does not require permission even if the dwelling is a hyresrätt or bostadsrätt.6 In an Airbnb-context, the most relevant types of sublets are those of rental apartments and tenant owner apartments. Regarding tenant owner apartments, see Ch. 7 Sec. 8 of the Tenant Owner Apartment Act, Bostadsrättslagen, (SFS 1991:614) and Bob Nilsson Hjort & Ingrid Uggla, Bostadsrättslagen: en kommentar (Norstedts Juridik 2014) 7 kap. keywords: airbnb; apartment; fee; landlord; rent; rent tribunal; sublet; tenancy; tenant; tenant owner; term cache: njcl-2489.pdf plain text: njcl-2489.txt item: #20 of 147 id: njcl-2490 author: Härkönen, Elif title: Regulating Equity Crowdfunding Service Providers - An Innovation-Oriented Approach to Alternative Financing date: 2018-11-22 words: 12722 flesch: 42 summary: Although the majority of Nordic crowdfunding platforms have indicated their plans to internationalize their business and cater to international clients, the fragmented regulatory framework in the Nordic countries and the EU makes it difficult to expand outside national markets.129 A harmonized regulation is therefore likely to be beneficial for the Nordic countries. It is concluded that the Nordic countries have very different approaches to regulating crowdfunding platforms, hindering the development of a pan-Nordic market in equity crowdfunding. keywords: alternative; business; companies; countries; crowdfunding; crowdfunding platforms; csps; equity; equity crowdfunding; european; finance; investment; liability; market; member; mifid; platforms; regulation; services; swedish cache: njcl-2490.pdf plain text: njcl-2490.txt item: #21 of 147 id: njcl-2491 author: Jørgensen, Tanja title: Peer-to-Peer Lending – A New Digital Intermediary, New Legal Challenges date: 2018-11-22 words: 12875 flesch: 49 summary: As digital intermediaries, P2P lending platforms are online ‘credit marketplaces’ which promote the contact between borrowers and lenders. Since P2P platforms often have specialized in a certain type of borrower, they reflect this. keywords: art; borrower; business; consumer credit; credit directive; directive art; european; investment; investors; lenders; lending; loan; p2p; p2p lending; peer; platform; proposal; services cache: njcl-2491.pdf plain text: njcl-2491.txt item: #22 of 147 id: njcl-2492 author: Lund-Sørensen, Asger title: Jurisdictional Clauses in Platform Work Contracts: A Danish Perspective date: 2018-11-22 words: 9806 flesch: 52 summary: This paper argues, based on two examples, that jurisdictional agreements in platform work contracts, and the rules governing them, cause uncertainty and unpredictability. However, in practice are service providers only ‘offered’ jobs that correspond to their ‘qualification profile’ and the work itself can begin immediately after clicking on it.68 After the customer has made a request to Clickworker, the platform creates tasks that can be performed by individual service providers. keywords: agreement; article; brussels; case; clickworker; contracts; employment; jurisdictional; law; para; platform; platform work; relationship; service; service provider; t&c; taxify; work cache: njcl-2492.pdf plain text: njcl-2492.txt item: #23 of 147 id: njcl-2664 author: Vuorinen, Jarkko title: Better Together: The Evolution of Tying Theory and Doctrine in EU Competition Law and US Antitrust Law date: 2015-01-01 words: 13002 flesch: 53 summary: The approach is natural as tying is likely harmless, if the tying product and tied product markets are competitive. Indeed, tying can be particularly anticompetitive when a dominant company strategically uses tying practices in order to foreclose rivals from the tied product market. keywords: antitrust; article; bundling; case; commission; competition; google; issue; january; journal; law; market; media; microsoft; paper; product; ssrn; tying cache: njcl-2664.pdf plain text: njcl-2664.txt item: #24 of 147 id: njcl-2666 author: Steensgaard, Kasper title: A Comparative View on ‘Battle of the Forms’ under the CISG and in the German and US American Experiences date: 2015-01-01 words: 19309 flesch: 53 summary: An analysis of CISG case law reveals that German courts and US courts approach the battle of the forms problem differently and, consequently, produce different outcomes. Based on this analysis of CISG case law, it is submitted that the (more) correct interpretation of the CISG rules will lead to the last-shot solution. keywords: acceptance; art; battle; case; cisg; commercial; contract; contract law; convention; court; forms; international; issue; journal; knockout; law; offer; para; parties; principle; rule; section; shot; shot rule; solution; standard; supra note; terms cache: njcl-2666.pdf plain text: njcl-2666.txt item: #25 of 147 id: njcl-2669 author: Bu, Qingxiu title: Is It a New Era of Anti-bribery Enforcement in China? date: 2014-01-01 words: 19404 flesch: 19 summary: Enforcement agencies can give meaningful credit to a company which in good faith applies a comprehensive and risk-based compliance programme,250 on the condition that the company did devote greater resources in higher-risk 243 Section 15(b) (4) (C) of the Exchange Act, 15 U.S.C.§78o; A court injunction allows the SEC to permanently bar a defendant from the securities industry, if it finds such sanction in the public interest; 30A(g) and 13(b)(5) of the Securities Exchange Act of 1934; Investment Advisers Act 1940 s206(1) (2); SEC, ‘SEC Charges Former Morgan Stanley Executive with FCPA Violations and Investment Adviser Fraud’ (25 April 2012) 244 Wayne M. Carlin, ‘White Collar and Regulatory Enforcement: Emerging Trends and What to Expect in 2013’ The Harvard Law School Forum on Corporate Governance and Financial Regulation (30 January 2013) 245 Mike Koehler, ‘Revisiting a Foreign Corrupt Practices Act Compliance Defence’ (2012) (2) Wisconsin Law Review 609, 659 246 House of Representatives, Sub-Committee on Crime, Terrorism, and Homeland Security, Committee of the Judiciary, Foreign Corrupt Practices Act (Washington, DC., 14 JUNE 2011) 247 Ministry of Justice, The Bribery Act 2010 Guidance (March 2011) 15; Mike Koehler, ‘Revisiting a Foreign Corrupt Practices Act Compliance Defence’ (2012) (2) Wisconsin Law Review 609, 659 248 Jessica Tillipman, ‘A House of Cards Falls: Why “Too Big to Debar” is All Slogan and Little Substance’ (2012) 80 Fordham Law Review Res Gestae 49, 58; Howard Sklar, ‘Against an FCPA Compliance Defence’ Forbes (18 October 2011) 249 SEC and DoJ, A Resource Guide to the FCPA U.S. Foreign Corrupt Practices Act (14 November 2012) 56, 75 250 SEC and DoJ, A Resource Guide to the FCPA U.S. Foreign Corrupt Practices Act (14 November 2012) 59 Nordic Journal of Commercial Law ; Patrick Norton, ‘The Foreign Corrupt Practices Act: A Minefield for US Companies in China’ China Law & Practice (November 2004) keywords: 2014#2; bribery act; business; china; chinese; companies; company; compliance; corporate; corruption; criminal; doj; enforcement; fcpa; fcpa u.s; global; government; gsk; guide; international; interpretation; journal; july; law; law issue; law journal; law review; laws; mncs; november; practices act; resource; resource guide; sec; u.s cache: njcl-2669.pdf plain text: njcl-2669.txt item: #26 of 147 id: njcl-2672 author: G. Castellani, Luca title: Book Review: Gustavo Moser, Rethinking Choice of Law in Cross-border Sales (Eleven International Publishing 2018) date: 2019-01-22 words: 1527 flesch: 45 summary: Given the significant amount of work carried out in the field of uniform international contract law, the guide aims at providing an illustration of the interaction among existing uniform law legal texts. With respect to international commercial law, this discussion has taken place with respect to the actual use of the United Nations Convention on Contracts for the International Sale of Goods, 1980, known as “CISG”, which represents one of the most significant uniform law texts both with respect to substantive content and to participation of States. keywords: choice; cisg; law cache: njcl-2672.pdf plain text: njcl-2672.txt item: #27 of 147 id: njcl-2842 author: Neumann, Thomas title: International Commercial Law from a Nordic and Baltic Perspective: Status and Current Challenges date: 2014-01-01 words: 12324 flesch: 48 summary: Finally, Castellani made reference to the question, whether UNCITRAL should undertake the drafting of new texts to promote further unification of international sales and contract law. The modernisation of contract law is faced with an uncomfortable truth: The fact that there is a general resistance towards any legal reform and that a widespread denial of a problem in receiving western laws in Lithuania exists. keywords: article; cisg; contract; contract law; convention; countries; international; journal; law; law issue; november; reservations; rules; sales; sales law cache: njcl-2842.pdf plain text: njcl-2842.txt item: #28 of 147 id: njcl-2843 author: Zhao, Yajie title: What Bothers Innovation in China: Is It Only a Question of Counterfeits? date: 2014-01-01 words: 6514 flesch: 54 summary: 人民法院报, (Yi Jiming, Why establish IP court, People’s Court News), June 18, 2014. On 31 August 2014, the Standing Committee of the National People's Congress of China published a decision on the establishment of intellectual property court in Beijing, Shanghai, Guangzhou (the Decision).17According to the Art. 3 and Art.4 of the Decision, IP courts are intermediate courts. keywords: cases; china; chinese; courts; law; patent; people; property; rights; spc cache: njcl-2843.pdf plain text: njcl-2843.txt item: #29 of 147 id: njcl-2887 author: Ehlers, Andreas title: Blaming the Unblameable? On the Liability of Mediators date: 2014-01-01 words: 18372 flesch: 51 summary: To some extent this sui generis nature of mediator liability is also evidenced by that fact that e.g. lawyers and consultants are frequently sued and held liable for losses incurred by their clients, while no mediator has so far been held liable for damages in a court of law. This appears also from most of the cases on mediator liability. keywords: care; case; claims; conduct; court; danish; e.g.; example; journal; law; law issue; mediation; mediator; mediator liability; parties; settlement; standard cache: njcl-2887.pdf plain text: njcl-2887.txt item: #30 of 147 id: njcl-2888 author: Mitkidis, Katerina Peterkova title: Sustainability Clauses in International Supply Chain Contracts: Regulation, Enforceability and Effects of Ethical Requirements date: 2014-01-01 words: 14163 flesch: 40 summary: The central questions are: why SCCs are presumed to be effective regulatory means for global sustainability, how these clauses are seen through the lenses of international contract law and whether they can actually contribute to a positive change in suppliers’ social and environmental performance. The central questions are: why SCCs are presumed to be effective regulatory means for global sustainability; how are these clauses seen through the lenses of international contract law; and whether they can actually contribute to a positive change in suppliers’ social and environmental performance. keywords: business; cisg; companies; contract; contract law; csr; enforcement; global; international; issue; journal; law; law issue; note; parties; regulation; requirements; sccs; suppliers; supply; supra; supra note; sustainability cache: njcl-2888.pdf plain text: njcl-2888.txt item: #31 of 147 id: njcl-2889 author: Shoarian, Ebrahim; Rahimi, Farshad title: Sanctions and Their Effects on Contractual Obligations: From the Perspective of International Instruments and Iranian Law date: 2014-01-01 words: 9694 flesch: 46 summary: In situations where a sanction makes contract performance extremely difficult, both PECL and UPICC recognize the possibility of contract modification. Nordic Journal of Commercial Law Issue 2014#1 17 be done through extending time of performance, increasing or reducing the price or the contract quantity or ordering a compensatory payment.68 The Iranian Civil Code is silent with respect to the effects of hardship and accordingly the possibility of contract modification where sanction makes contract performance burdensome. keywords: article; cisg; contract; contract performance; force; hardship; international; iranian; law; majeure; party; performance; sanctions cache: njcl-2889.pdf plain text: njcl-2889.txt item: #32 of 147 id: njcl-2893 author: Zeller, Bruno; Andersen, Camilla title: The Transnational Dimension of Statutory Interpretation – Tragically Overlooked in a Global Commercial Environment date: 2019-01-22 words: 5537 flesch: 48 summary: But shared international laws, in convention format or springing from Model Laws, do not come just from parliament but from a shared international comity 1 Kirby J noted: In accordance with established principles of interpretation governing Australian legislation, designed to give effect to the language of international law to which Australia has subscribed, the expression in the Carriers’ Act must, if possible, be given the same interpretation as has been adopted by equivalent courts of other states parties. keywords: article; cisg; contracts; convention; ibid; international; interpretation; law; laws; model cache: njcl-2893.pdf plain text: njcl-2893.txt item: #33 of 147 id: njcl-2894 author: Ballardini, Rosa Maria title: Intellectual Property Protection for Computer Programs: Developments, Challenges and Pressure for Change date: 2013-01-01 words: 2679 flesch: 38 summary: With regard to patent protection, this thesis mainly proposes solutions tailored to Europe because of the background and personal interests of the researcher and because relatively few systematic studies on software patent protection exist within the European legal regime. However, although several studies have been conducted and initiatives have been put into place to improve the prior art repositories, the abstractness of software patent claims has not been sufficiently considered. keywords: computer; copyright; patent; programs; protection; software cache: njcl-2894.pdf plain text: njcl-2894.txt item: #34 of 147 id: njcl-2895 author: Ehlers, Andreas title: Establishing a Uniform Interpretation of the CISG: A Case Study of Article 74 date: 2013-01-01 words: 19109 flesch: 51 summary: Nordic Journal of Commercial Law Issue 2013#2 32 In sum, the review shows that courts only rarely consider CISG case law when interpreting Article 74. Here, court decisions, even those handed down by courts at the highest level of the court hierarchies, are not binding. keywords: arbitration; article; case law; cases; cisg; contract; convention; court; damages; decision; goods; international; interpretation; journal; kluwer law; law; law international; law issue; loss; sale; states; uniform; uniformity cache: njcl-2895.pdf plain text: njcl-2895.txt item: #35 of 147 id: njcl-2896 author: Kadi, Sanaa title: Tax Issues and Tax Treatment of the Societas Europaea date: 2013-01-01 words: 12516 flesch: 42 summary: As there is no specific tax regime for the SE Company, we can still find company law issues for that kind of companies, because we can make reference to national and harmonized tax law as well as tax law of international agreements concerning double taxation for cross-border structural changes especially regarding transfer of seat and merger.33 A SE is in fact subject to different regimes, several features of taxation will be examined in order to understand and explain the most important issues concerning taxation of an SE.34 When the creation of SE companies started in practice in October 2004, the experience showed that an international merger was likely to be the most problematic from the tax perspective and the area that needs to be most urgently solved because it involves not only an instrument of structural change as is the case for the transfer of seat.35 The tax issues concerning the establishment of an SE are not definitively harmonized in the Member States.36 Different sources of taxation of an SE are introduced, in case where there is no specific tax rules the alternative is to go to the domestic tax rules applicable on PLCs. The tax system of the SE has been discussed, especially questions that concern cross-border changes when forming the Company and also structural changes of SE companies that are already established. keywords: companies; company; company law; directive; european; law; member state; se company; states; tax; tax law; tax merger; tax treatment; taxation; transfer cache: njcl-2896.pdf plain text: njcl-2896.txt item: #36 of 147 id: njcl-2897 author: Ogwezzy, Michael C. title: Common Court of Justice and Arbitration: A Supranational Institution for the Administration of Commercial Disputes in Africa date: 2013-01-01 words: 9177 flesch: 39 summary: After enshrining the supranationality and the primacy of OHADA law, those who drafted the Treaty created judicial supranationality within its geographic area.39 Second, the Preamble of the OHADA Treaty shows that the signatory states are willing to promote arbitration as a means of resolving contractual disputes. Again, a lower national court hearing a case regarding the application of OHADA law or its interpretation can request an advisory opinion to assist it.60 Article 14(2) of the Treaty establishes the advisory role of the court. keywords: africa; appeal; application; arbitration; article; business law; ccja; court; law; member; member states; ohada; ohada law; ohada treaty; states; uniform cache: njcl-2897.pdf plain text: njcl-2897.txt item: #37 of 147 id: njcl-2983 author: Weckström, Katja title: Governing Innovation and Expression: New Regimes, Techniques and Strategies: An Introduction date: 2013-01-01 words: 2729 flesch: 31 summary: The question of whether intellectual property rights holders may target internet service providers instead of direct infringers poses a direct challenge to our virtual infrastructure. Tamura introduces a pluralistic market-oriented theory to justifying intellectual property, which takes into account the cost from the legal intellectual property institutions themselves. keywords: content; internet; law; property; protection; providers; rights; service cache: njcl-2983.pdf plain text: njcl-2983.txt item: #38 of 147 id: njcl-2984 author: Neumann, Thomas title: The Continued Saga of the CISG in the Nordic Countries: Reservations and Transformation Reconsidered date: 2013-01-01 words: 7545 flesch: 44 summary: Also this argument is less persuasive, since adoption of part II would not necessarily create more uncertainty than adoption of part III and the reservation would in any event be limited to the situations where the rules of private international law point to the application of the laws of one of the Nordic countries.17 Though a removal of the reservations against the application of CISG part II is to be welcomed, the process presents a number of challenges. Currently, Denmark, Finland, and Sweden have completed the necessary paperwork at both domestic and international levels.24 Therefore, CISG part II entered into force in Finland on 1 June 2012,25 in Sweden on 1 December 2012,26 and in Denmark on 1 February 2013.27 Norway has not yet notified the UN, which is due to the fact that a hearing had to be completed during the summer of 2012, thus slowing the domestic process.28 keywords: article; cisg; convention; countries; journal; law; norway; norwegian; reservation; sales cache: njcl-2984.pdf plain text: njcl-2984.txt item: #39 of 147 id: njcl-2985 author: Zhang, Liguo title: In Search of a Balanced Solution to Access to Standard Essential Patents in the ICT Industry date: 2013-01-01 words: 5850 flesch: 39 summary: The market approach proposes to strengthen patent rights as a property rule entitlement, such as improving patent quality, providing strong protection to patent holders against infringers thereby facilitating individual bargaining and transaction. Neither are patent rights under FRAND licensing terms pure liability rule entitlements either, because patent holders still have the right to decide the royalty rate, which however is limited by the general industry practice and reflects the general expectation in the industry. keywords: approach; industry; law; licensing; market; patent; property; rules; standardization; standards; technology cache: njcl-2985.pdf plain text: njcl-2985.txt item: #40 of 147 id: njcl-2986 author: Abbas, Muhammad Zaheer; Riaz, Shamreeza title: Flexibilities under Trips: Implementation Gaps between Theory and Practice date: 2013-01-01 words: 10581 flesch: 35 summary: See F M Scherer: Jayashree Watal, ‘Post-Trips Options for Access to Patented Medicines in Developing Countries’, Commission on Macroeconomics and Health, (2001), 4,last accessed date March 23,2012, doi:http://www.icrier.org/pdf/jayawatal%20.pdf. 28 S. Aziz, ‘Linking Intellectual Property Rights in Developing Countries with Research and Development, Technology Transfer, and Foreign Direct Investment Policy: A Case Study of Egypt’s Pharmaceutical Industry’,(2003), 10 ILCL 1, 27 April,doi:https://litigationessentials.lexisnexis.com/webcd/app?action =DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=10+ILSA+J+Int%27l+%26+Co mp+L+1&key=4bdb9af0b546c12bf48dd5833eaf6ac1, accessed 27 April 2012. keywords: access; agreement; compulsory; countries; drugs; issue; journal; law; licensing; medicines; patent; pharmaceutical; property; rights; states; trade; trips; trips agreement; world cache: njcl-2986.pdf plain text: njcl-2986.txt item: #41 of 147 id: njcl-2987 author: Ghouri, Ahmad Ali title: Treaty Conflicts in Investment Arbitration date: 2012-01-01 words: 6126 flesch: 32 summary: Most of the near 400 known decided and pending investor-state disputes before international investment tribunals applied and would apply the rules and principles of international investment law that essentially emerge from investment treaties. 2012#2 1 1 Introduction The thesis assesses one of the core problems arising in international investment law, namely, the conflicts that international investment treaties may create with other international agreements. keywords: investment; investor; law; rights; state; system; treaties; tribunals cache: njcl-2987.pdf plain text: njcl-2987.txt item: #42 of 147 id: njcl-2988 author: Tamura, Yoshiyuki title: Conceptual Fallacies behind the Idea of Unprotected Intellectual Works date: 2012-01-01 words: 5023 flesch: 41 summary: This example clearly illustrates that the identification of what exactly is an “intangible object” and what exactly is an “action”—the use of such object—is actually a matter of the degree of abstraction in individual branches of intellectual property law due to the differences in their objects of protection. For instance, it is often suggested that intellectual property laws deal with a right over information. keywords: law; market; object; property; property rights; protection; rights; works cache: njcl-2988.pdf plain text: njcl-2988.txt item: #43 of 147 id: njcl-2990 author: Long, Doris Estelle title: Deviant Globalization: The Next Step in the Multilateral Protection of Intellectual Property date: 2012-01-01 words: 12068 flesch: 31 summary: 59 Long (2011) at 541 – 542. https://adwords.google.com/ Nordic Journal of Commercial Law Issue 2012#2 13 third party uses of such “information assets” may warrant compensation.60 They may also be subject to compulsory licenses or even fair use/fair dealing style exceptions.61 Conceivably the most direct impact the adoption of deviant globalization models may have is on the issue of remedial rights for intellectual property violations. Considering the issue of fair prices and fair trade, deviant globalization models may create a one-item-one-payment system that supports international exhaustion for certain intellectual property based goods. keywords: access; compensation; copyright; development; deviant globalization; digital; economy; enforcement; fair; goods; innovation; intellectual; international; issue; journal; law; market; models; norms; property; protection; rights; standards; trade; treaty; use cache: njcl-2990.pdf plain text: njcl-2990.txt item: #44 of 147 id: njcl-2991 author: Schill, Stephan title: Treaty Conflicts in Investment Arbitration by Ahmad Ali Ghouri Review date: 2012-01-01 words: 3790 flesch: 34 summary: Moreover, what could have been added as a further conceptualization of investment law is the view of investment law as a public law discipline, in particular as Mr. Ghouri states at the beginning of Article 3 that there is a certain “parallelism” between international investment law and domestic public law. In fact, international investment law has grown tremendously over the past two decades with now more than 3,000 international investment treaties in place and more than 450 disputes that have ensued under these treaties. keywords: conflicts; international; investment; law; treaties; treaty cache: njcl-2991.pdf plain text: njcl-2991.txt item: #45 of 147 id: njcl-2992 author: Sharp, Cynthia W. title: The Intersection of Comparative Advertising and Trademark Laws in the United States and the European Union: A Comparative Analysis Based on Smith v. Chanel and L’Oréal v. Bellure date: 2021-03-01 words: 13505 flesch: 48 summary: Such was the state of EU comparative advertising law prior to L’Oréal v. Bellure. Prior to the FTC’s codification of US comparative advertising law, claimants often relied upon the Lanham Act for relief. keywords: advertising; advertising directive; bellure; case; court; directive; ecj; european; issue; journal; law; laws; l’oréal; product; states; trademark; trademark law; use cache: njcl-2992.pdf plain text: njcl-2992.txt item: #46 of 147 id: njcl-2993 author: Dawwas, Amin title: Anticipatory Avoidance of Contract: CISG and Egyptian Law Compared date: 2012-01-01 words: 11080 flesch: 54 summary: 59 With regard to anticipatory breach in installment contracts, CISG Article 73(2) (contrary to CISG Article 72) does not authorize the aggrieved party to declare the entire contract avoided. In general, if prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may – under CISG Article 72 - declare the contract avoided. keywords: article; avoidance; breach; buyer; cisg; cisg article; code; commercial; contract; ecc; egyptian; law; party; performance; supra note cache: njcl-2993.pdf plain text: njcl-2993.txt item: #47 of 147 id: njcl-2994 author: Ikejiaku, Brian-Vincent title: Consideration of Ethical and Legal Aspects of Corporate Social Responsibility: The Issue of Multi-National Corporations and Sustainable Development date: 2012-01-01 words: 15945 flesch: 40 summary: 7 Most of the legal authoritative works on CSR, which analyse company CSR, primarily focus on developed areas, and therefore overlook or discuss only briefly the CSR situations in developing countries that more clearly demonstrate the box-ticking mentality of companies. An award winning article from the 2006 Harvard Business Review emphasises a smooth running between business and social value. 134 5.2 Box-ticking Mentality and Developing Regions As argued in the beginning of this paper, most authoritative works on CSR, analyse company CSR from the context of developed areas, and therefore overlook or briefly discuss the CSR situations in developing countries that more glaringly demonstrate companies box ticking syndrome. keywords: 2012#1; activities; africa; business; communities; community; companies; company; corporations; countries; csr; development; ethics; example; issue; journal; law; mncs; nigeria; oil; paper; responsibility; shell; society; supra cache: njcl-2994.pdf plain text: njcl-2994.txt item: #48 of 147 id: njcl-2995 author: Canuel, Edward T. title: Comparative Commercial Law: Methodologies, Black Letter Law and Law-in-Action date: 2012-01-01 words: 20587 flesch: 39 summary: While common law courts historically avoid judicial intervention into the contracting parties’ relationship,31 the civil law systems allow the judiciary a more expansive opportunity to interpret the parties’ bargain.32 Such proactive judicial stance has been collectively identified as 30 Garello, Pierre, The Breach of Contract in French Law: Between Safety of Expectations and Efficiency (http://ideas.repec.org/a/eee/irlaec/v22y2002i4p407-420.html), 22 International Review of Law and Economics 407, 412 (2003); see also Gordley, James, Contract Law in the Aristotelian Tradition, in The Theory of Contract Law 266 (2001) (With respect to civil law, fairness and distributive justice are foundations of the binding force of contractual promises, rather than an individual will); Moss, Giuditta Cordero, International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? For a description of the German legal regime, where courts have the power to rewrite a contract, see DiMatteo, Larry A., An International Contract Law Formula: The Informality of International Business Transactions Plus the Internationalization of Contract Law Equals Unexpected Contractual Liability, 23 Syracuse J. Int’l L. & Com. 67, 85-86 (1997) citing to von Teichman, Germany, Federal Republic, in 1 Legal Aspects of Doing Business in Western Europe 205, 218 (Dennis Campbell ed., 1983). keywords: analysis; business; civil; common; contract law; contracting; contracts; courts; economics; faith; international; int’l; journal; l. j.; l. rev; law; law formula; law issue; law perspective; legal; letter law; parties; rules; theory; transactions cache: njcl-2995.pdf plain text: njcl-2995.txt item: #49 of 147 id: njcl-2996 author: Gogic, Mirza title: Intellectual Property Licensing for the Purposes of the Technology Transfer Block Exemption Regulation (TTBER) date: 2012-01-01 words: 9198 flesch: 47 summary: Of course, just as in the case of patent licenses, where the licensees may wish to include all the improvements made subsequently, such demands are also usually made by the licensees of know-how. In most patent licenses the term is set to the expiration of the patent, and in cases where there are multiple patents merged in a single license, the term is set to the expiration of the last patent to expire. keywords: issue; know; law; license; licensing; licensor; patent; product; property; rights; royalty; software cache: njcl-2996.pdf plain text: njcl-2996.txt item: #50 of 147 id: njcl-2997 author: Raitanen, Elina title: EU State Aid Regulation & Incentives for Forest Biodiversity Conservation: Study of the Constraints date: 2011-01-01 words: 34865 flesch: 47 summary: Environmental protection is such an objective.27 Under certain terms and conditions environmental state aid may thus be compatible with the common market. Two grounds for exemptions are essentially relevant for environmental state aid: Article 107(3)(b)164 and topmost Article 107(3)(c).165 keywords: 2011#2; aid action; aid guidelines; aid measures; aid rules; article; biodiversity; biodiversity conservation; case; commission; common; community; competition; conservation; costs; economic; environmental; european; forestry; general; issue; journal; land; law; law issue; level; market; member state; nature; nordic; policy; principle; protection; public; regulation; scheme; services; state aid; state resources; states; treaty; undertakings; union cache: njcl-2997.pdf plain text: njcl-2997.txt item: #51 of 147 id: njcl-2998 author: Välimäki, Elli title: Calculation of Royalties in Compulsory Licensing of Pharmaceutical Patents in Europe – How Much is Justified? date: 2011-01-01 words: 11518 flesch: 47 summary: Patent owner companies are keen on controlling such trade very closely, but are not able to do so when the supplier is a licensee. The objective of this study is to answer the following sub-problems: - How is the value of pharmaceutical patents calculated? keywords: companies; company; compulsory; cost; journal; law; license; licensing; market; patent; pharmaceutical; r&d; research; value cache: njcl-2998.pdf plain text: njcl-2998.txt item: #52 of 147 id: njcl-2999 author: Friðgeirsdóttir, Magnea Lillý title: Google’s liability under EU law for trademark infringements committed through the AdWords system date: 2011-01-01 words: 7054 flesch: 48 summary: In the case of Google AdWords trademark proprietors are trying to have their rights extended to cover Google’s actions regardless of consumer confusion and reaching beyond clear trademark infringements. Before a discussion on the legality of Google’s AdWords software can commence, it must first be established what Google AdWords is, what its function is and how it is connected to the natural operation of the Google search engine. keywords: adwords; cases; directive; ecj; google; law; liability; trademark; use cache: njcl-2999.pdf plain text: njcl-2999.txt item: #53 of 147 id: njcl-3000 author: Majamaa, Satu title: Intellectual Property Law - and Human Rights Finding an Intertwined Way to Promote Development in Developing Countries date: 2011-01-01 words: 6126 flesch: 39 summary: This resolution did not include examination of intellectual property rights, but tried to find a balance between rights of knowledge products owners and product users. In addition, intellectual property rights are seen to complement the human rights system.25 3 Analytical Tools 3.1 Analysis of theTRIPS agreement keywords: agreement; countries; cultural; development; framework; human; law; property; protection; rights; trips cache: njcl-3000.pdf plain text: njcl-3000.txt item: #54 of 147 id: njcl-3001 author: Mazzacano, Peter title: Force Majeure, Impossibility, Frustration & the Like: Excuses for Non-Performance; the Historical Origins and Development of an Autonomous Commercial Norm in the CISG date: 2011-01-01 words: 26462 flesch: 56 summary: Not surprisingly, contract law began its slow development with the expansion of the Roman merchant empire. Unquestionably, it is a paramount feature of contract law. keywords: article; cases; civil; commercial; common; contract; contract law; doctrine; fault; force; frustration; hardship; ibid; impossibility; journal; law; law issue; majeure; non; nordic; note; pacta; parties; party; performance; principle; rebus; servanda; sic; stantibus; sunt; supra; supra note cache: njcl-3001.pdf plain text: njcl-3001.txt item: #55 of 147 id: njcl-3003 author: Puolakainen, Katrin title: Current Issues in Patenting Nanotechnology date: 2011-01-01 words: 10150 flesch: 46 summary: Partly due to the lack of sufficient knowledge and partly due to companies intellectual property strategies, nanotechnology patents are broadly claimed; a “land-grab” mentality predominates in nanotechnology. 3 Operational environment of nanotechnology patenting 3.1 Operational framework of nanotechnology patents Nanotechnology is a branch of technology at its infancy and it typically requires high expertise and funding. keywords: applications; art; edition; invention; journal; law; licensing; nanotechnology; nordic; patent; patenting; property; research; scale; size; special; u.s; universities cache: njcl-3003.pdf plain text: njcl-3003.txt item: #56 of 147 id: njcl-3004 author: Richardson, Benjamin J. title: Sovereign Wealth Funds and the Quest for Sustainability: Insights from Norway and New Zealand date: 2011-01-01 words: 12065 flesch: 31 summary: In addition to these issues, the socially conscious goals of some SWFs has stirred debate about the wisdom of mixing ethical investment with wealth maximisation goals, and attempting to influence corporate social and environmental behaviour.10 SWFs share several characteristics which might lead them more than private sector financiers to invest in sustainable development. While regulations to encourage socially responsible investment (“SRI,” as ethical investment is sometimes known) in the private sector are appearing, such as taxation incentives and corporate governance reforms, explicit duties to practice SRI have only been imposed on public financial institutions.11 The first precedents were adopted in the 1980s by some states and municipalities in the United States, which restricted government pension funds from investing in firms operating in the   6 Sovereign Wealth Fund Institute, http://www.swfinstitute.org. keywords: companies; council; environmental; ethical; finance; financial; fund; global; government; guardians; investment; issue; journal; law; management; ministry; new; ngpf; norwegian; nzsf; pension; swfs; zealand cache: njcl-3004.pdf plain text: njcl-3004.txt item: #57 of 147 id: njcl-3005 author: ur Rehman, Hafiz Aziz title: WTO, Compulsory Export Licences and Indian Patent Law date: 2011-01-01 words: 13756 flesch: 35 summary: It states that: Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India. Indeed, a bare reading of Section 92A supports this assertion as it states: Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India.107 (emphasis added) keywords: application; article; compulsory; countries; decision; declaration; doha; health; india; issue; journal; law; licence; medicines; natco; nepal; paragraph; patent; pharmaceutical; public; section; trips; trips agreement; waiver decision cache: njcl-3005.pdf plain text: njcl-3005.txt item: #58 of 147 id: njcl-3006 author: Zhang, Yanan title: Can Soft Clauses in Letter of Credit Transactions Be Considered Letter of Credit Fraud in China? date: 2011-01-01 words: 10462 flesch: 49 summary: Such clauses that can be satisfied through the beneficiary’s performance are normal clauses.31 However, sometimes there are other letter of credit clauses, in which some special documents are required to be presented by the beneficiary, such as the buyer’s receipt of goods, inspection of goods issued by the buyer, or the letter of credit will take effect under some conditions.32 With such clauses, whether the beneficiary can get specified documents or whether the stipulated conditions can be satisfied, partially or entirely depends on the buyer or other parties, rather than the beneficiary’s performance of contract; such clauses can be regarded as soft clauses in the letter of credit.33 Soft clauses are commonly abused by dishonest businessman as a tool for committing fraud, breach of contract or dishonour; thus letter of credit soft clauses can make a beneficiary’s obtainment of the letter of credit payment risky and uncertain.34 Very often letter of credit soft clauses are connected with the applicant’s intention to deceive a prepaid performance deposit, a letter of credit issuance deposit and so forth from the beneficiary.35 Once the applicant has received such a prepaid deposit, the applicant would find faults with the quality of goods, refuse to issue an inspection certification, and finally achieve the fraudulent purpose. Thus, it seems that such letter of credit clauses have not been clearly recognised as ‘letter of credit soft clauses’ by the courts in England. keywords: bank; beneficiary; buyer; china; clauses; commercial; credit; credit fraud; international; issue; law; letter; payment; press cache: njcl-3006.pdf plain text: njcl-3006.txt item: #59 of 147 id: njcl-3007 author: Lähteenmäki-Uutela, Anu title: Chinese Law on Foods and Medicines date: 2009-01-01 words: 18051 flesch: 54 summary: Based on the new law and its future implementing regulations, Chinese food law and particularly its implementation and control will be developed. 13 Codex alimentarius means food law. keywords: 2002; 2003; administration; article; china; chinese; claims; council; food; food law; food safety; government; health; health food; journal; law; law issue; laws; materials; medicine; ministry; national; new; page; people; products; regulations; rule; safety; standards; state; system; use cache: njcl-3007.pdf plain text: njcl-3007.txt item: #60 of 147 id: njcl-3008 author: Garro, Alejandro M. title: CISG Advisory Council Opinion No. 7 I. Exemption of Liability for Damages Under Article 79 of the CISG date: 2008-01-01 words: 11276 flesch: 34 summary: Any survey of reported decisions is to be read with caution, because the number of cases decided at this point do not allow but a few tentative conclusions regarding interpretative trends on CISG Article 79. Comments Whether a seller delivering non-conforming goods may claim exemption of liability for damages under CISG Article 79 was an issue addressed at the Hague Conference in 1964, in connection with the drafting of Article 74 of ULIS (the counterpart to CISG Article 79). keywords: article; case; cisg; contract; exemption; goods; hardship; impediment; international; law; liability; party; person; seller cache: njcl-3008.pdf plain text: njcl-3008.txt item: #61 of 147 id: njcl-3010 author: Mazzacano, Peter title: The Treatment of CISG Article 79 in German Courts: Halting the Homeward Trend date: 2012-01-01 words: 16139 flesch: 56 summary: Tribunal of International Commercial Arbitration, Russian Federation Chamber of Commerce and Industry, 12 January 1998, Award 152/1996, online: Pace Law School CISG Database ; High Arbitration Court of the Russian Federation, 1997, [Ruling No. 4, case 4], online: Pace Law School CISG Database ; Tribunal of International Commercial Arbitration, Russian Federation Chamber of Commerce and Industry, 11 June 1997, Award 255/1994, online: Pace Law School CISG Database ; Tribunal of International Commercial Arbitration, Russian Federation Chamber of Commerce and Industry, 13 May 1997, Award 3/1996, online: Pace Law School CISG Database ; Tribunal of International Commercial Arbitration, Russian Federation Chamber of Commerce and Industry, 11 May 1997, Award 2/1995, online: Pace Law School CISG Database ; Tribunal of International Commercial Arbitration, Russian Federation Chamber of Commerce and Industry, 22 January 1997, Award 155/1996 Based on the Pace CISG database, excluding arbitral decisions, German courts lead other signatory states in their interpretation of this article, having decided 18 cases.33 As in CISG case law generally, Switzerland is the second-largest adjudicating state following Germany, with nine decisions involving Article 79.34 keywords: arbitration; article; buyer; case; case law; cisg article; cisg database; contract; court; german; goods; international; law school; note; online; pace law; party; school cisg; seller; supra cache: njcl-3010.pdf plain text: njcl-3010.txt item: #62 of 147 id: njcl-3011 author: Hoffrén, Mia title: Contractual Rights and Third Parties: a Unified Perspective of the Law of Property and the Law of Delict date: 2011-01-01 words: 8125 flesch: 62 summary: The Traditional View A traditional answer to a conflict of rights concerning the same piece of property is to classify rights as property rights on the one hand and personal rights on the other. According to the traditional theory, property rights are binding on third parties, while mere personal rights are not. keywords: contract; law; liability; promisee; promisor; property; protection; right; rule; transferee cache: njcl-3011.pdf plain text: njcl-3011.txt item: #63 of 147 id: njcl-3012 author: Salminen, Jaakko Henrik title: The Different Meanings of International Commercial Conciliation date: 2011-01-01 words: 31766 flesch: 43 summary: The first meaning is that of a blanket denial of any legal effect of conciliation agreements. Under this meaning, courts simply leave conciliation agreements unenforced. keywords: arbitration; arbitration agreements; commercial; conciliate; conciliation; conciliation agreements; conciliation clauses; conciliation model; conciliation procedure; conciliation proceedings; conciliation rules; court; dispute resolution; example; icc; international; interpretation; journal; law; law issue; litigation; meaning; mediation; model law; parties; party; section; uncitral cache: njcl-3012.pdf plain text: njcl-3012.txt item: #64 of 147 id: njcl-3013 author: Saxlin-Hautamäki, Elina title: Establishing Coherence: The Right to Access to Medicines, Pharmaceutical Patents and the WTO Medicines Decision date: 2010-01-01 words: 30358 flesch: 46 summary: They cannot enforce or give effect to human rights provisions in a way that would add to or diminish WTO rights and obligations either.60 Most importantly, the TRIPS Council was called upon to find a solution to the problem that many WTO Members lack the capacity to effectively utilize the exceptions to patent rights authorized by the TRIPS Agreement17. keywords: access; article; compulsory; conflict; countries; country; developing; health; human; importing; international; journal; law; law issue; license; medicines decision; norms; obligations; order; patent; pharmaceutical; rights; states; system; trips agreement; wto; wto law; wto members cache: njcl-3013.pdf plain text: njcl-3013.txt item: #65 of 147 id: njcl-3014 author: Ghouri, Ahmad Ali title: The Law and Regulation of OTC Derivatives: An Anglo-American Comparison and Lessons for Developing Countries date: 2010-01-01 words: 20022 flesch: 43 summary: The courts, however, do not observe a distinction between hedging in organised derivatives exchanges and hedging in OTC derivatives market. Because of the fact that certain exposures, especially in OTC derivatives markets, are kept off the balance sheet, balance sheet enquiries are not conclusive evidence of credit worthiness. keywords: business; cit; contract; derivatives; derivatives market; exchange; financial; institutions; interest; issue; journal; law; market; market participants; nordic; otc derivatives; participants; products; rate; regulation; regulatory; risk; swaps; transactions cache: njcl-3014.pdf plain text: njcl-3014.txt item: #66 of 147 id: njcl-3015 author: Huttunen, Anniina; Kulovesi, Jakke; Lechner, Lorenz G.; Brace, William; Silvennoinen, Kari; Kantola, Vesa title: Liberating Intelligent Machines with Financial Instruments date: 2010-01-01 words: 6312 flesch: 45 summary: Because of the technological difficulties in creating perfectly functioning machines and the cognitive element inherent in intelligent machines and machine interactions, we propose a new kind of legal approach, i.e. a financial instrument liberating the machine. 5 Artificial Intelligence is “the science and engineering of making intelligent machines, especially intelligent computer programs….Intelligence is the computational part of the ability to achieve goals in the world.” keywords: consumer; damage; design; human; insurance; intelligence; issue; law; liability; machine; potential; product; risk; robot cache: njcl-3015.pdf plain text: njcl-3015.txt item: #67 of 147 id: njcl-3016 author: Islam, Mohammad Towhidul title: TRIPS Agreement and Economic Development: Implications and Challenges for Least-Developed Countries like Bangladesh date: 2021-03-01 words: 22537 flesch: 26 summary: 5 Daniel Gervais, ‘TRIPS 3.0: Policy Calibration and Innovation Displacement’ in Chantal Thomas and Joel Trachtman (eds), Developing Countries in the WTO Legal System (2009) 391-392. Nordic Journal of Commercial Law issue 2010#2 2 historical analysis suggests that such free use of technology/knowledge goods once helped today’s developed countries to make economic progress.6 Furthermore, in return for the inconvenient obligations, the TRIPS does not provide for increased foreign direct investment (FDI) or trade in technology or knowledge goods that would aid LDCs and their economic welfare.7 Developed countries particularly Britain and America viewed intellectual property rights as an instrument for promoting economic development through innovation of technology and its formal transfer.23 At the heart of the Anglo-American IPRs system is the belief that limited monopoly rights in the name of IPRs are necessary to promote creativity and innovation, to transfer innovated technology and thus to make economic development.24 That belief is said to have based on the reward/justificatory theory and stamped with personality/privatisation of the property on achieving command over property/technology. keywords: 2010#2; agreement; bangladesh; countries; country; developing; development; economic; fdi; foreign; goods; ibid; innovation; international; iprs; iprs protection; issue; journal; july; law; law issue; market; needs; patent; pharmaceutical; products; property; property protection; property rights; protection; research; technologies; technology transfer; trade; trips; trips agreement; use; world cache: njcl-3016.pdf plain text: njcl-3016.txt item: #68 of 147 id: njcl-3017 author: Tohka, Sanna title: Application and the Interpretation of the CISG in Finnish Case Law 1997–2005 date: 2010-01-01 words: 11516 flesch: 57 summary: 37 Text of the Secretariat commentary on article 6 of the 1978 Draft (draft counterpart of CISG Article 7(1)), supra note 17. As CISG Article 78 does not provide the definite rate of interest, if the parties have not agreed on rate of interest to be applied, one must look at the Convention to find an answer to the question. keywords: article; cisg; cisg article; contract; convention; court; international; law; law issue; note; party; supra cache: njcl-3017.pdf plain text: njcl-3017.txt item: #69 of 147 id: njcl-3018 author: Kyllönen, Sanna title: The Legal Framework For The Responsibility Of International Organizations date: 2010-01-01 words: 15679 flesch: 37 summary: These obligations could generate responsibility in the appropriate circumstances.98 The conventional approach to the law of international organizations disregards the tension between international organization and individual state responsibility. The main rule is that international organizations are responsible for the consequences of the acts performed by them.1 The capacity of international organizations to be held responsible under international law corresponds to their respective capacities to operate under international law. keywords: 2010#1; case; court; international; international law; journal; law; law issue; member states; organizations; parties; personality; responsibility; state responsibility; states cache: njcl-3018.pdf plain text: njcl-3018.txt item: #70 of 147 id: njcl-3019 author: Mezei, Péter title: Digital Technologies – Digital Culture date: 2010-01-01 words: 13152 flesch: 54 summary: There are several types of blogs: ranging from blogs that contain personal experiences of the users, to blogs that cover specific issues,11 straight through to websites that cover thousands of different blogs (like a catalogue).12 On her blog the blogger can easily distribute her own intellectual creations, and she may attach copyrighted works related to a specific entry. As the Napster court made it clear the “repeated and exploitative copying of copyrighted works, even if the copies are not offered for sale, may constitute a commercial use”60, and the downloading by users does not transform the original content in any way.61 The first factor thus favored the right holder. keywords: art; content; copyright; copyright law; court; culture; digital; distribution; european; example; hungarian; issue; journal; law; libraries; napster; new; public; sharing; states; use; users; web; works cache: njcl-3019.pdf plain text: njcl-3019.txt item: #71 of 147 id: njcl-3020 author: Singh, Gurwinder title: The WTO Perspective on Subsidies in International Trade date: 2009-01-01 words: 10634 flesch: 51 summary: Besides other issues, trade subsidy was also discussed during the Hong Kong conference. That is, if each country produces only a limited range of goods, and specializes, it can produce each of these goods on a larger scale and hence more efficiently than if it tried to produce everything.18 For a better understanding of the impact of subsidies, a distinction needs to be drawn between export subsidies and domestic subsidies. keywords: aid; article; case; country; export; government; international; issue; journal; law; market; member; nations; policy; state; subsidies; subsidy; trade; wto cache: njcl-3020.pdf plain text: njcl-3020.txt item: #72 of 147 id: njcl-3021 author: Neumann, Thomas title: Shared Responsibility under Article 80 CISG date: 2009-01-01 words: 10615 flesch: 54 summary: Article 404(1) of the Russian Federation Civil Code72 and Article 7.4.7 of the UPICC do on the other hand provide an opportunity for an apportionment where both parties have caused the failure to perform, but they are outside the text of the CISG. The tribunal found that the principle of joint liability set out in Article 404(1) of the Russian Federation Civil Code was appropriate, and it referred to Article 7.4.7 of the UPICC and Articles 74 and 77 of the CISG as the basis for reducing the damages claimed by the buyer by one-third. keywords: apportionment; article; case; cisg; failure; goods; international; law; para; parties; party; responsibility; seller cache: njcl-3021.pdf plain text: njcl-3021.txt item: #73 of 147 id: njcl-3022 author: Honkasalo, Pessi title: Reciprocity under the GNU General Public Licenses date: 2009-01-01 words: 51486 flesch: 51 summary: However, in line with other GNU software licenses, anyone who has access to the service and chooses to receive the corresponding source thereof may under conditions stated in ss. 4 through 6 and 13 of the AGPLv3, respectively, freely release it to the public, with or without a fee. In addition, according as the demand for the ASP model increases, there is a strong possibility that the AGPL’s significance will rise accordingly.16 Further, within the system of GNU software licenses, all but the latest versions of the licenses have been excluded. keywords: 2006; 2007; case; code work; computer; computer program; conditions; conveying; copies; copyright; copyright act; copyright council; copyright holder; copyright law; copyright protection; court; form; free; gnu software; gplv3; inc; information; journal; law; law issue; library; license; license terms; material; means; network; new; object code; open; order; patent license; product; program; protection; public; reciprocity; rights; section; software foundation; software license; source code; source license; source software; terms; use; user; version; work cache: njcl-3022.pdf plain text: njcl-3022.txt item: #74 of 147 id: njcl-3023 author: Gotunda, John Y. title: CISG Advisory Council: Opinion No. 8 Calculation of Damages under CISG Articles 75 and 76 date: 2009-01-01 words: 9177 flesch: 57 summary: Rather, they provide aggrieved parties with alternative methods that may be used to measure damages when a contract has been avoided In cases where a contract has been avoided, Articles 75 and 76 provide alternative methods for calculating damages. U.C.C. §§ 2-708(1) (seller's market price damages), 2-713 (buyer's market price damages); see also Flechtner, op. cit., at 99 (discussing the differences between the U.C.C.'s manner for measuring market price damages and method set forth in the CISG). keywords: article; cisg; cit; contract; damages; goods; party; price; substitute; transaction cache: njcl-3023.pdf plain text: njcl-3023.txt item: #75 of 147 id: njcl-3024 author: Badge, Michael title: CISG Advisory Council Opinion No. 9. Consequences of Avoidance of the Contract date: 2009-01-01 words: 10714 flesch: 51 summary: 2.5 Additional costs arising after restitution are recoverable as damages from an unexempted non-performing party but not from a party whose non-performance is exempted under Article 79. 2.6 Restitution of performance by seller and buyer should take place within a reasonable time. Furthermore, no useful purpose would be served by requiring adequate assurance to be given, followed by an award of damages in the event of it not being given. dd) Concurrent Restitution Article 81(2) requires restitution between seller and buyer to be concurrent.40 keywords: arbitration; article; avoidance; buyer; case; contract; convention; goods; interest; international; law; place; restitution; seller cache: njcl-3024.pdf plain text: njcl-3024.txt item: #76 of 147 id: njcl-3025 author: Tamura, Yoshiyuki; Lee, Nari title: A theory of the Law and Policy of Intellectual Property - Building a New Framework date: 2009-01-01 words: 14395 flesch: 50 summary: At one extreme, natural rights theory justifies the foundation of intellectual property rights to be based on the natural right that originates from the act of creation, as one owns one’s own creation. If that is the case, intellectual property right becomes unacceptable, as intellectual property right is a right that directly restricts other persons freedom of action and to justify this right based on the labour based property theory becomes internally contradictory. keywords: commercial; copyright; decision; efficiency; freedom; law; making; market; need; note; patent; patent law; policy; process; property; property law; property right; right; supra; supra note; tamura; theory; yoshiyuki cache: njcl-3025.pdf plain text: njcl-3025.txt item: #77 of 147 id: njcl-3026 author: Pribetic, Antonin I. title: An “Unconventional Truth”: Conflict of Laws Issues Arising under the CISG date: 2009-01-01 words: 23610 flesch: 48 summary: (3) This Convention shall not apply when the parties have expressly excluded its application.[emphasis added] iv) Opting-Out-Implicit Exclusion Some commentators are of the view that the CISG allows for implicit derogation.113 However, a number of CISG decisions have held to the contrary. 77 See also CISG-AC Opinion No. 6, Calculation of Damages under CISG Article 74 (available online at: http://cisgw3.law.pace.edu/cisg/CISG-AC-op6.html#* ) keywords: agreement; application; arbitration; article; business; buyer; canada; case; choice; cisg; contract; contracting; convention; court; forum; goods; inc; international; journal; jurisdiction; law; law issue; laws; nations; nordic; ontario; parties; principles; rules; sale; sales law; schlechtriem; seller; states; tribunal; united cache: njcl-3026.pdf plain text: njcl-3026.txt item: #78 of 147 id: njcl-3027 author: Mazzacano, Peter J. title: Harmonizing Values, Not Laws: The CISG and the Benefits of a Neo-Realist Perspective date: 2008-01-01 words: 16155 flesch: 53 summary: But how does the Realist theory of law apply in a global setting, that is, within the context of international law? Positivism is based on the theory that all law is derived from the will of sovereign states, and that international law is derived from the combined wills of many sovereign states. keywords: article; cisg; convention; ibid; international; journal; law; law issue; laws; lex; lex mercatoria; mercatoria; norms; note; principles; realist; rules; sales; sales law; supra; trade; uniform; usages cache: njcl-3027.pdf plain text: njcl-3027.txt item: #79 of 147 id: njcl-3028 author: Villa, Seppo title: Creditor Protection and the Application of the Solvency and Balance Sheet Tests under the Company Laws of Finland and New Zealand date: 2008-01-01 words: 11891 flesch: 48 summary: Thus it is no surprise that both the FLLCA and the NZ CA include provisions on creditor protection based on the maintenance of company solvency in addition to the traditional balance sheet test now used for determining the amount of net assets. In New Zealand, there has been discussion especially concerning the meaning of the phrase ability to pay debts as they become due and how company solvency is measured. keywords: act; assets; chapter; companies; company; directors; distribution; equity; fllca; section; solvency test cache: njcl-3028.pdf plain text: njcl-3028.txt item: #80 of 147 id: njcl-3029 author: Diener, Keith William title: Recovering Attorneys’ Fees under CISG: An Interpretation of Article 74* date: 2008-01-01 words: 31971 flesch: 47 summary: This essay addresses the many methods by which courts, tribunals, and commentators have dealt with the question of whether attorneys’ fees are a “loss” under CISG Article 74. The 1992 panel decision determined attorneys’ fees are a foreseeable, consequence of the breach so are recoverable as a “loss” under CISG Article 74. keywords: article; article 7(2; attorneys; breach; buyer; circuit; cisg article; contract; convention; court; damages; fees; international; interpretation; journal; law; law issue; law principles; loss; note; principle; recovery; rule; seller; states; supra; united cache: njcl-3029.pdf plain text: njcl-3029.txt item: #81 of 147 id: njcl-3030 author: Troelsen, Sarah title: INTELLECTUAL PROPERTY&SECURITY INTERESTS: A US PERSPECTIVE date: 2007-01-01 words: 4088 flesch: 51 summary: The American Bar Association Task Force on Security Interests in Intellectual Property concluded that “ [t]he current state of the law governing security interests in intellectual property is unsatisfactory. This article will detail the contours of preemption in relation to perfecting security interests, the potential problems it presents for the creditor, and possible solutions. keywords: creditor; debtor; interest; law; property; security; state; title cache: njcl-3030.pdf plain text: njcl-3030.txt item: #82 of 147 id: njcl-3031 author: Raczynska, Magdalena title: RECOVERABILITY OF THE BUYER'S LOST RESALE PROFIT UNDER CISG date: 2007-01-01 words: 5415 flesch: 52 summary: RECOVERABILITY OF THE BUYER'S LOST RESALE PROFIT UNDER CISG by Magdalena Raczynska Nordic Journal of Commercial Law issue 2007#2 Nordic Journal of Commercial Law issue 2007 #2 1 Introduction It is a common conjuncture that the right to claim damages as a result of a breach of contract plays the most pivotal role among the remedies available to an aggrieved party.1 In this essay an attempt is made to identify some of the problems that arise before the courts when granting damages for buyer’s lost resale profit under the UN Convention on the Contracts for the International Sale of Goods.2 The practice in the area seems to be far from clear or consistent and academic literature is not always lending a helping hand. keywords: buyer; cisg; contract; goods; loss; profit; resale cache: njcl-3031.pdf plain text: njcl-3031.txt item: #83 of 147 id: njcl-3033 author: Sollund, Marius title: THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, ARTICLE 7(1) – THE INTERPRETATION OF THE CONVENTION AND THE NORWEGIAN APPROACH date: 2007-01-01 words: 19765 flesch: 49 summary: Nordic Journal of Commercial Law issue 2007 #1 2 in one of the Contracting States.7 Overcoming language problems and poor contract drafting was also emphasised by the drafters.8 The aim behind the Convention was therefore not to create new provisions for international sales, but to establish a uniform instrument to be applicable independent of national laws:9 “ (… ) 10 Most lawyers would probably prefer the transaction to be governed by their domestic law, but it is generally acknowledged that the CISG provides good solutions based on compromises between different legal systems around the world.11 There are still several countries that have not yet ratified the Convention, and when it comes to implementation there are two methods available to them; transformation or incorporation.12 It might be very tempting to those countries to choose to transform the Convention, since this will allow them to stick to what they are used to; they are comfortable with their domestic law, and they would prefer to implement the Convention in a way which would not disturb or be contradictory to their traditional legal system. keywords: article; case law; cisg; convention; faith; international; interpretation p.; journal; law; law issue; law p.; norwegian; rules; sales convention; sales law; sga; states; uniform; uniform law; uniformity cache: njcl-3033.pdf plain text: njcl-3033.txt item: #84 of 147 id: njcl-3034 author: Gil-Wallin, Silvia title: LIABILITY UNDER PRECONTRACTUAL AGREEMENTS AND THEIR APPLICATION UNDER COLOMBIAN LAW AND THE CISG date: 2007-01-01 words: 21479 flesch: 46 summary: 24 Bonnell “ Formation of Contracts and Pre-Contractual Liability Under the Vienna Convention on International Sale of Goods” Formation of Contracts and pre-contractual liability (ICC Publishing Pub. C. Comparison Between the Application of Pre-Contractual Liability Under the CISG and Colombian Domestic Law Colombian legislation regulated pre-contractual liability under the Civil and Commercial Code. keywords: article; cisg; contract; convention; faith; law; liability; negotiations; parties; party; pre cache: njcl-3034.pdf plain text: njcl-3034.txt item: #85 of 147 id: njcl-3035 author: Yang, Fan title: THE APPLICATION OF THE CISG IN THE CURRENT PRC LAW AND CIETAC ARBITRATION PRACTICE date: 2006-01-01 words: 16003 flesch: 41 summary: 42 Concerning the PRC, if, for example, a seller in the PRC sells to a buyer in State X, a non- Contracting State, Article 95 means that the PRC courts are not bound to apply the Convention rules even if the relevant rules of private international law lead to the application of PRC law (i.e. the law of a CISG Contracting State). Firstly, whether the CISG, although a convention, can be applied as “ International practice” under the second sentence of Article 142? There is no legislative definition of “ International practice” (“ Guo Ji Guan Li” in Chinese Pinyin) in PRC law. keywords: applicable; arbitration; article; china; cisg; cisg article; conference; contract law; foreign; international; law issue; parties; practice; prc contract; prc delegation; prc law; prc legislation; prc parties; sales law; vienna cache: njcl-3035.pdf plain text: njcl-3035.txt item: #86 of 147 id: njcl-3036 author: Gotanda, John Y. title: CISG ADVISORY COUNCIL OPINION NO. 6: Calculation of Damages under CISG Article 74 date: 2006-01-01 words: 19162 flesch: 63 summary: The court awarded buyer damages for costs incurred in storing and returning defective sports clothing • Case Text, Abstract, and Commentary: http://cisgw3.law.pace.edu/cases/950405g1.html Germany AG Muchen 23 June 1995 271 C 18968/94 368 • The court ruled that the aggrieved party is entitled to recover the costs of measures undertaken to place it in the same position it would have been had the contract been properly performed. 2.1 Article 74 does not explicitly address to what extent aggrieved parties must prove that they have suffered a loss in order to recover damages under that provision.10 As a result, there has been controversy over whether this matter is implicitly addressed by the Convention or whether it is a procedural matter to be resolved according to domestic law. keywords: article; breach; buyer; case; cisg; cit; commentary; commercial; contract; convention; court; damages; goods; international; issue; law; loss; party; profits; seller; states; united cache: njcl-3036.pdf plain text: njcl-3036.txt item: #87 of 147 id: njcl-3037 author: Giannini, Giulio title: THE FORMATION OF THE CONTRACT IN THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS: A COMPARATIVE ANALYSIS date: 2006-01-01 words: 17519 flesch: 49 summary: For a long time there was no practical need to force consent into the structure of offer and acceptance because parties always made their contracts face to face. 3 This paper deals with this important requirement for the effective conclusion of a sale contract achieved by means of offer and acceptance. keywords: acceptance; article; cisg; civil; common; contract; court; goods; law; note; offer; offeree; offeror; parties; price; states; supra note; terms; time cache: njcl-3037.pdf plain text: njcl-3037.txt item: #88 of 147 id: njcl-3038 author: Poikela, Teija title: CONFORMITY OF GOODS IN THE 1980 UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS date: 2003-01-01 words: 45924 flesch: 56 summary: Contractual cartography remains important.45 3 THE GOODS 3.1 The object of the sales contract: definitions of »goods» in the CISG The Convention does not define «goods» but some of the exclusions specified in the Art. The provisions of the 1893 Act remain the basis of English sales of goods law, although that Act has now been re-enacted in the Sale of Goods Act 1979 and been consolidated with more recent law relating to the sale of goods, particularly, some parts of the Misrepresentation Act of 1967, the Unfair Contract Terms Act of 1977 and Sale and Supply of Goods Act 1994 and Sale of Goods Act (Amendment) 1994. keywords: breach; buyer; case law; cisg; commercial; condition; conformity; contract; contract law; contract terms; convention; court; delivery; description; goods; goods act; international; interpretation; issue; journal; lack; law; non; parties; purpose; quality; quality goods; quantity; rules; sale; sales law; section; seller; term; uniform; use cache: njcl-3038.pdf plain text: njcl-3038.txt item: #89 of 147 id: njcl-3039 author: Keily, Troy title: HOW DOES THE COOKIE CRUMBLE? LEGAL COSTS UNDER A UNIFORM INTERPRETATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS date: 2003-01-01 words: 11763 flesch: 49 summary: Nordic Journal of Commercial Law, issue 2003 #1 17 [i]n each case, it is clear that the tribunal awarded or claimed authority to award CISG damages to cover legal costs of the prevailing party, but it was not always clear exactly what those costs included.44 Zapata succeeded in its Federal District Court claim and, as part of the Court's order, was awarded US$550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. keywords: appeal court; article; cisg; court; federal; fees; international; interpretation; law; loss; principles cache: njcl-3039.pdf plain text: njcl-3039.txt item: #90 of 147 id: njcl-3040 author: Keskitalo, Petri title: CONTRACTS + RISKS +MANAGEMENT = CONTRACTUAL RISKMANAGEMENT date: 2006-01-01 words: 16060 flesch: 34 summary: CONTRACTS + RISKS + MANAGEMENT = CONTRACTUAL RISK MANAGEMENT? by Petri Keskitalo* Nordic Journal of Commercial Law issue 2006 #2 Nordic Journal of Commercial Law issue 2006 #2 1 Proactive contracting and risk management have become an important part of the new vocabulary of commercial contract law books and courses for contracting professionals, for example in Finland, during the past few years. The inescapable truth of decision making in today’s world is that it is all about risks and risk management. keywords: approach; business; business management; companies; compliance; concept; contract management; contracting; contracts; control; coso; enterprise risk; erm; framework; governance; interplay; issue; journal; knowledge; law; management discipline; new; organization; risk management; risks cache: njcl-3040.pdf plain text: njcl-3040.txt item: #91 of 147 id: njcl-3041 author: Verzoni, Fernando Gava title: ELECTRONIC COMMERCE AND THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) date: 2006-01-01 words: 36226 flesch: 50 summary: Under CISG Article 1(2), the internationality of the transaction is to be disregarded if the fact that the parties have their places of business in different States “ does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract” . The Convention does not expressly define “ place of business” 14: the only provision that provides guidance to determine the parties’ places of business is Article 10, but it is only applicable to the situations where one of parties has multiple places of business; it provides that the relevant place of business is the one “ which has the closest relationship to the contract Nordic Journal of Commercial Law issue 2006 #2 15 CISG Article 10(a). keywords: apr; article; business; buyer; case; cisg; commerce; communication; contract; convention; court; definition; e n; goods; information; international; issue; l e; law; means; message; note; parties; party; place; sale; seller; supra; technologies; time; writing cache: njcl-3041.pdf plain text: njcl-3041.txt item: #92 of 147 id: njcl-3042 author: Singh, Lachmi title: CAVEAT EMPTOR: ARE DECISIONS MORE FAVOURABLE TO THE SELLER ON MATTERS RELATING TO LETTERS OF CREDIT? date: 2006-01-01 words: 8383 flesch: 50 summary: However, it does not follow true contractual principles, instead it may be best described as a mercantile specialty.10 In most international sales of goods contracts, parties will require that the contract price be paid either by a documentary letter of credit or a standby letter of credit. It is understood that the letter of credit is a separate transaction from the sale of goods contract. keywords: article; bank; breach; buyer; cisg; contract; convention; credit; documents; law; letter; seller cache: njcl-3042.pdf plain text: njcl-3042.txt item: #93 of 147 id: njcl-3043 author: Zykov, Roman O. title: ARBITRATION UNDER NEW RULES OF THE INTERNATIONAL COMMERCIAL ARBITRATION COURT IN MOSCOW date: 2006-01-01 words: 3094 flesch: 51 summary: Arbitration costs Together with the Rules, the CCIRF adopted the Schedule for arbitration costs (‘Schedule’). The Presidium’s major roles are to study arbitration case law, including that of the ICAC, to promote the ICAC arbitration, to represent the ICAC internationally, to prepare the list of arbitrators for approval of the CCIRF, and others. keywords: arbitration; costs; icac; law; parties cache: njcl-3043.pdf plain text: njcl-3043.txt item: #94 of 147 id: njcl-3044 author: Sica, Lucia Carvalhal title: GAPFILLING IN THE CISG:MAY THE UNIDROIT PRINCIPLES SUPPLEMENT THE GAPS IN THE CONVENTION? date: 2006-01-01 words: 15914 flesch: 60 summary: Once again it seems that both CISG Article 27 and UNIDROIT Principles Article 1.10(2) are rules, not principles. These differences, however, do not by themselves preclude the use of the UNIDROIT Principles to fill CISG gaps. keywords: article; cisg; commercial; contracts; convention; ferrari; franco; gap; goods; international; law; note; principles; provisions; rev; rules; sales; supra; unidroit cache: njcl-3044.pdf plain text: njcl-3044.txt item: #95 of 147 id: njcl-3045 author: Lindström, Niklas title: CHANGED CIRCUMSTANCES AND HARDSHIP IN THE INTERNATIONAL SALE OF GOODS date: 2006-01-01 words: 14974 flesch: 50 summary: 3. Exemptions CISG Article 79 and CISG Article 80 provide for situations in which a party is exempt from the strict liability that is otherwise applicable under the Convention. The explanation was that a ground for exemption that would derive from a national law would be influenced by the meaning that the expression (e.g. Wegfall der Geschäftsgrundlage, force majeure, imprévision, frustration, impracticability) has in national law and by the legal praxis in the country in question.6 CISG Article 79 is the counterpart of ULIS Article 74. keywords: article; circumstances; cisg; contract; convention; exemption; hardship; impediment; international; law; party; performance; principles; question cache: njcl-3045.pdf plain text: njcl-3045.txt item: #96 of 147 id: njcl-3046 author: da Silveira, Mercédeh Azeredo title: ANTICIPATORY BREACH UNDER THEUNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS date: 2005-01-01 words: 34547 flesch: 55 summary: CISG ” may also refer to the fulfillment of other contracts . . . On the other hand, there was insufficient notice in the following circumstances: the buyer failed to pay the price (GERMANY LG Stendal, 22 S 234/94, supra note 49); a letter with mentioning defects under other contracts (BELGIUM Hof van Beroep Gent, 1997/AR/2235, supra note 77). keywords: adequate; art; assurance; avoidance; breach; buyer; cisg; commercial; contract; contract law; convention; goods; international; non; obligations; party; pecl; performance; principles; right; seller; supra note; time; unidroit cache: njcl-3046.pdf plain text: njcl-3046.txt item: #97 of 147 id: njcl-3047 author: Hemmings, Reannon title: IS THE SHIP'S RAIL REALLY SIGNIFICANT? date: 2005-01-01 words: 4824 flesch: 62 summary: The development of containerisation has not only simplified the carriage of goods but has also changed the legal relationship between seller and buyer. INCOTERMS do not cover all aspects of the sale of goods contract and to facilitate a smooth transaction, parties should include provision as to transfer of title of the goods, remedies for breaching the contract, exception or limitation clauses, exemptions from liability, and any other duties the parties may wish to include in the sale contract. keywords: buyer; carrier; contract; fob; goods; rail; seller; ship cache: njcl-3047.pdf plain text: njcl-3047.txt item: #98 of 147 id: njcl-3048 author: H., Yenkong Ngangjoh title: COLLECTIVE COUNTERMEASURES AND THE WTO DISPUTE SETTLEMENT: ‘SOLIDARITY MEASURES REVISITED’ date: 2004-01-01 words: 9741 flesch: 46 summary: The jurisprudence of the WTO Dispute Settlement System (DSS) suggests alternatively that collective countermeasures against the impairment or nullification of WTO law are still alien in the practice of the system.16 The United Nations intervened and did not oppose other neutral states that deployed forces in the Gulf to protect their flags and other flag vessels from illegal attacks from those engaged in battle.15 There is no world police to command or coerce obedience to international law rules. keywords: article; countermeasures; dispute; draft; dsu; ilc; international; law; responsibility; rules; states; system; treaty; wto cache: njcl-3048.pdf plain text: njcl-3048.txt item: #99 of 147 id: njcl-3049 author: Schwartz, Damon title: THE RECOVERY OF LOST PROFITS UNDER ARTICLE 74 OF THE U.N. CONVENTION ON THE INTERNATIONAL SALE OF GOODS: An analysis of court and arbitral decisions to determine possible causes of nonconformity and to identify solutions that would increase the consistency of awards date: 2006-01-01 words: 7956 flesch: 37 summary: B. Estimation and Variability in Financial Claims is Normal The use of DCF to calculate lost profits is a complicated process that contributes to the lack of uniformity in lost profit awards. The fact that they use ranges and estimates does not imply abandonment of the discipline of economic analysis; nor, when adopted by the arbitrators, does this method imply abandonment of the discipline of assessing the evidence before them.102 Thus, the most common method of calculating lost profits, the DCF method, contributes to the apparent discrepancies and arbitrariness of lost profit awards. keywords: article; cisg; damages; journal; law; loss; lost; principles; profits; standards cache: njcl-3049.pdf plain text: njcl-3049.txt item: #100 of 147 id: njcl-3050 author: López-Rodríguez, Ana M. title: THE DUTY TO PAY INTEREST ON ADVANCE PAYMENTS UNDER ART. 84 (1) CISG date: 2005-01-01 words: 4167 flesch: 65 summary: Interest rates and gap-filling of the CISG As known, Art. 3.4 Joint application of interest rates? keywords: art; buyer; cisg; convention; interest; law; rate; seller cache: njcl-3050.pdf plain text: njcl-3050.txt item: #101 of 147 id: njcl-3051 author: Schwenzer, Ingeborg title: CISG ADVISORY COUNCIL OPINION NO. 5: The buyer's right to avoid the contract in case of nonconforming goods or documents date: 2005-01-01 words: 10296 flesch: 62 summary: Germany OLG Frankfurt am Main 1994, April 20 13 U 51/93 125 • Facts: German buyer bought 1.75 t of New Zealand-mussels from Swiss Seller. Germany OLG Hamm 1992, September 22 19 U 97/91 57 • Facts: German buyer purchasing 200 t of bacon from Italian enterprise. keywords: art; breach; buyer; case; case text; cisg; commercial; contract; decision; delivery; germany; goods; law; non; online; seller; text cache: njcl-3051.pdf plain text: njcl-3051.txt item: #102 of 147 id: njcl-3052 author: WU, Dong title: CIETAC'S PRACTICE ON THE CISG1 date: 2005-01-01 words: 27326 flesch: 68 summary: In such cases, the tribunals applied the PRC laws by virtue of the principle of the closest connection and then applied the CISG according to the aforesaid provisions in the PRC laws. Especially if both parties have performed the contract, in principle the seller shall reimburse the price to the buyer and the buyer shall return the goods to the seller.89 The typical circumstance is that the seller is in fundamental breach so that the buyer is entitled to declare the contract avoided under Article 49(1)(a).90 In such cases, Article 25 was frequently invoked to check whether the seller was in fundamental breach.91 http://www.cisg.law.pace.edu/cisg/biblio/shen1.html#a1 http://www.cisg.law.pace.edu/cisg/biblio/shen.html Nordic Journal of Commercial Law issue 2005 #2 92 Award of 22 March 1995 keywords: alloy case; aluminum case; article; arts; award; awards award; buyer; case; china; cietac; cisg; coils case; contract; goods; international; law; machine case; metal case; paper case; party; price; products case; seller; steel case; tribunal; wool case cache: njcl-3052.pdf plain text: njcl-3052.txt item: #103 of 147 id: njcl-3053 author: Valioti, Zoi title: PASSING OF RISK IN INTERNATIONAL SALE CONTRACTS: A COMPARATIVE EXAMINATION OF THE RULES ON RISK UNDER THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (VIENNA 1980) AND INCOTERMS 2000 date: 2004-01-01 words: 35577 flesch: 56 summary: Their purpose was to allocate the responsibilities between the parties usually in carriage of goods contracts. The wish expressed by the author is, for the parties in an international sales contract to pay additional attention to the passing of risk issues, since they can be of extreme importance to the outcome of their transaction, and for the legislator to act prudently and effectively in order to settle satisfactorily the intrinsic problems of risk allocation and to sort out its related vague and intricate aspects. keywords: article; buyer; carriage; carrier; case; cisg; contract; convention; damage; delivery; goods; incoterms; international; law; law issue; loss; op cit; para; parties; passing; risk; rules; sale; seller; trade; transit risk cache: njcl-3053.pdf plain text: njcl-3053.txt item: #104 of 147 id: njcl-3054 author: Liu, Chengwei title: EFFECTS OF AVOIDANCE: Perspectives from the CISG, UNIDROIT Principles and PECL and case law date: 2005-01-01 words: 17928 flesch: 61 summary: Like CISG Art. 81(1), UNIDROIT Principles Art. 7.3.5(2) reads: “Termination does not preclude a claim for damages for non-performance.” 7 UNCITRAL Digest 3 on CISG Art. 81; supra. keywords: art; avoidance; buyer; cisg; contract; goods; law; parties; party; pecl art; principles; restitution; supra cache: njcl-3054.pdf plain text: njcl-3054.txt item: #105 of 147 id: njcl-3055 author: Hyland, Richard title: CISG ADVISORY COUNCIL OPINION NO. 3 [1] : Parol Evidence Rule, Plain Meaning Rule, Contractual Merger Clause and the CISG [2] date: 2005-01-01 words: 6512 flesch: 58 summary: The amendment sought to exclude evidence by witnesses unless it was supported by other evidence resulting from a written document from the opposing party or circumstantial evidence. If the writing is integrated, neither party may introduce parol evidence to contradict the terms of the writing. keywords: cisg; contract; evidence; evidence rule; law; merger; parol; parol evidence; parties; rule; writing cache: njcl-3055.pdf plain text: njcl-3055.txt item: #106 of 147 id: njcl-3057 author: Korpinen, Ari title: ON LEGAL UNCERTAINTY REGARDING TIMELY NOTIFICATION OF AVOIDANCE OF THE SALES CONTRACT date: 2005-01-01 words: 4745 flesch: 53 summary: In this paper the author presented from CISG case law two court rulings in which the courts have assumed different positions as to the issue of when the time limit for notifying avoidance is triggered, and also noted that these different rulings reflect the controversy regarding the issue in CISG legal literature The problem with timely notification of avoidance has been dealt with in CISG case law. keywords: article; buyer; cisg; contract; time cache: njcl-3057.pdf plain text: njcl-3057.txt item: #107 of 147 id: njcl-3058 author: Yovel, Jonathan title: THE SELLER'S RIGHT TO CURE A FAILURE TO PERFORM: AN ANALYTIC COMPARISON OF THE RESPECTIVE PROVISIONS OF THE CISG AND THE PECL date: 2005-01-01 words: 11533 flesch: 60 summary: Be the theoretical overview what it may, the principle of cure is perhaps the most important deviation from strict doctrines of liability for breach, and as such it maintains an important relation to the doctrine of contract avoidance (“termination” in the context of the PECL), as discussed below. Under CISG Art. 48(1) keywords: art; buyer; cisg; contract; cure; law; non; party; pecl; performance; right; seller cache: njcl-3058.pdf plain text: njcl-3058.txt item: #108 of 147 id: njcl-3059 author: Arup, Christopher title: THE 2004 UNITED STATES-AUSTRALIA FREE TRADE AGREEMENT date: 2004-01-01 words: 11045 flesch: 43 summary: R. Howse, ‘Adjudicative Legitimacy and Treaty Interpretation in International Trade Law’ in J. Weiler (ed), The EU, the WTO, and the NAFTA: 56 Note G. Marceau, ‘The Dispute Settlement Rules of the North American Free Trade Agreement: A Thematic Comparison with the Dispute Settlement Rules of the World Trade Organization’, in E. Petersmann, International Trade Law and the GATT/WTO Dispute Settlement System (Kluwer Law International, The Hague, 1997). keywords: agreement; article; ausfta; australia; dispute; government; international; investment; journal; law; party; patent; property; protection; provisions; public; rights; states; trade; trips; united; wto cache: njcl-3059.pdf plain text: njcl-3059.txt item: #109 of 147 id: njcl-3060 author: Charters, Andrea L. title: SPECIFICATIONS AND THE CONTRACTUAL RELATIONSHIP: ARTICLE 65 OF THE CISG IN LIGHT OF PECL ARTICLE 7:105 date: 2004-01-01 words: 3139 flesch: 51 summary: Resolving four comparative issues Four technical issues are raised by PECL Article 7:105 in relation to CISG Article 65: (1) whether the buyer retains the right to choose if the seller does not do so; (2) whether the PECL concept of fundamental delay influences the CISG provision; (3) whether PECL provisions regarding (a) currency matters and (b) a number issues related to each other, affect the CISG provision; and (4) whether usages may influence CISG rights and obligations. V. Conclusion Interpretation of CISG Article 65 in light of PECL Article 7:105 thus shows an historical progression in the drafting, but does not leave a litigant with much recourse to obtain strategic advantage, either in terms of flexibility in or tightening of the provisions. keywords: article; buyer; cisg; goods; law; pecl cache: njcl-3060.pdf plain text: njcl-3060.txt item: #110 of 147 id: njcl-3061 author: Lindfors, Patrik title: NEW RULES FOR FAST TRACK ARBITRATION IN FINLAND date: 2004-01-01 words: 703 flesch: 45 summary: NEW RULES FOR FAST TRACK ARBITRATION IN FINLAND by Patrik Lindfors* Nordic Journal of Commercial Law issue 2004 #2 Nordic Journal of Commercial Law issue 2004 #2 2 In a new effort to boost the steadily growing popularity of arbitration as a dispute resolution mechanism in Finland, the Arbitration Institute of the Central Chamber of Commerce of Finland has published rules for fast track arbitration in Finland. In the rules for fast track arbitration this time limit has been fixed to three months, which the Arbitration Institute may extend by another three months at the most. keywords: arbitration cache: njcl-3061.pdf plain text: njcl-3061.txt item: #111 of 147 id: njcl-3063 author: Paloranta, Paula title: THE ARBITATION INSTITUTE OF THE CENTRAL CHAMBER OF COMMERCE OF FINLAND date: 2004-01-01 words: 14254 flesch: 57 summary: In recent years, the CISG in general and the provisions on lack of conformity in Article 35 in particu- lar have prompted a number of changes to national sale of goods laws. More recently there have been changes to the EU law on the sale of goods, following the adoption of a directive on the sale of consumer goods which was also strongly influenced by the CISG rules on lack of conformity.12 The focus of this article on the provisions of Article 35 on the conformity of goods to the terms of a sales contract also leads to a focus on the inspiration for changes made to sale of goods laws in a number of legal systems, including EU law. keywords: agreement; article; buyer; caveat; cisg; conformity; contract; contract law; convention; court; goods; law; principles; rules; seller cache: njcl-3063.pdf plain text: njcl-3063.txt item: #112 of 147 id: njcl-3064 author: Henschel, René Franz title: CONFORMITY OF GOODS IN INTERNATIONAL SALES GOVERNED BY CISG ARTICLE 35: CAVEAT VENDITOR, CAVEAT EMPTOR AND CONTRACT LAW AS BACKGROUND LAW AND AS A COMPETING SET OF RULES date: 2004-01-01 words: 14254 flesch: 57 summary: In recent years, the CISG in general and the provisions on lack of conformity in Article 35 in particu- lar have prompted a number of changes to national sale of goods laws. More recently there have been changes to the EU law on the sale of goods, following the adoption of a directive on the sale of consumer goods which was also strongly influenced by the CISG rules on lack of conformity.12 The focus of this article on the provisions of Article 35 on the conformity of goods to the terms of a sales contract also leads to a focus on the inspiration for changes made to sale of goods laws in a number of legal systems, including EU law. keywords: agreement; article; buyer; caveat; cisg; conformity; contract; contract law; convention; court; goods; law; principles; rules; seller cache: njcl-3064.pdf plain text: njcl-3064.txt item: #113 of 147 id: njcl-3065 author: Pere, Mervi title: NON-IMPLEMENTATION OF WTO DISPUTE SETTLEMENT DECISIONS AND LIABILITY ACTIONS date: 2004-01-01 words: 37915 flesch: 55 summary: WTO law rules may become available to private parties through the application of the Nakajima doctrine and the principle of consistent interpretation. The case law of the ECJ concerning the effect of WTO law in the Community legal order has been characterised by ‘judicial self-restraint’ and deference to the discretion of the political and executive institutions of the Community. keywords: action; case law; cases; cfi; community institutions; community law; community liability; community measures; court; direct; dsb; ec law; ecj; ecr; effect; general; individuals; international; issue; order; para; parties; sa v.; settlement; v. commission; v. council; wto agreements; wto dispute; wto law; wto rules cache: njcl-3065.pdf plain text: njcl-3065.txt item: #114 of 147 id: njcl-3066 author: Chengwei, Liu title: COMPARISON OF CISG ARTICLE 45/61 REMEDIAL PROVISIONS AND COUNTERPART PECL ARTICLES 8:101 AND 8:102 date: 2004-01-01 words: 4546 flesch: 59 summary: Thus, the cumulation of damage claims with other remedies is explicitly contemplated. -Firstly, an aggrieved party may be able to claim specific performance. keywords: art; cisg; contract; party; performance; remedies cache: njcl-3066.pdf plain text: njcl-3066.txt item: #115 of 147 id: njcl-3067 author: Zeller, Bruno title: INTERPRETATION OF ARTICLE 74 – ZAPATA HERMANOS V HEARTHSIDE BAKING – WHERE NEXT? date: 2004-01-01 words: 6060 flesch: 57 summary: A further argument has been advanced in Zapata namely that: “the time tested, carefully-crafted and elaborated domestic rules governing recovery of attorney fees in loser- pays Contracting states would be replaced by the vagaries of the Art, 74 regime. The American firm failed to pay for the tins and were subsequently sued in the Federal District Court of Illinois.1 Besides winning the action the court also awarded $550,000 as foreseeable loss under article 74 for incurring legal fees. keywords: article; attorneys; cisg; convention; court; fees; law; loss cache: njcl-3067.pdf plain text: njcl-3067.txt item: #116 of 147 id: njcl-3068 author: Vincze, Andrea title: ARBITRATION CLAUSE – IS IT TRANSFERRED TO THE ASSIGNEE? date: 2003-01-01 words: 5479 flesch: 52 summary: In practice, however, the tendency is that the validity of arbitration clauses must be examined not only according to conflict of laws rules and substantive legal provisions but also with regard to specific rules of arbitration. It must also be taken into account that in most cases the basis of arbitration clauses is not primarily the confidential relationship with the other party but the validation of the advantages of arbitration. keywords: arbitration; arbitration clause; assignee; assignment; clause; commercial; contract; law; parties; transfer cache: njcl-3068.pdf plain text: njcl-3068.txt item: #117 of 147 id: njcl-3069 author: Liu, Chengwei title: COMPARISON OF CISG ARTICLE 27 AND COUNTERPART NOTICE PROVISIONS OF THE UNIDROIT PRINCIPLES AND PECL date: 2004-01-01 words: 3657 flesch: 59 summary: 1. The “notices” include under the Convention Part II declarations and any notice, request or other communication given or made by a party in accordance with Part III (CISG Art. 27); under the UNIDROIT Principles a declaration, demand, request or any other communication of intention (UPICC Art. 1.9(4)); under the PECL the communication of a promise, statement, offer, acceptance, demand, request or other declaration (PECL Art. 1:303(6)). liuchang.pmd Nordic Journal of Commercial Law, issue 2004 #1 1 COMPARISON OF CISG ARTICLE 27 AND COUNTERPART NOTICE PROVISIONS OF THE UNIDROIT PRINCIPLES AND PECL Chengwei Liu* Nordic Journal of Commercial Law issue 2004 #1 Nordic Journal of Commercial Law, issue 2004 #1 2 For the purpose of this discussion, the “notices” discussed below cover the whole range of notices, declarations and other communications.1 -FORM OF NOTICE -CISG APPROACH -RECEIPT keywords: art; cisg; notice; principle; rule cache: njcl-3069.pdf plain text: njcl-3069.txt item: #118 of 147 id: njcl-3070 author: Mazzotta, Francesco G. title: PRESERVATION OF THE GOODS: COMPARISON OF ARTICLES 85-88 CISG AND COUNTERPART PROVISIONS OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW date: 2004-01-01 words: 4402 flesch: 54 summary: ”19 The Article 85-88 provisions on the preservation of the goods may be easily overcome by means of interim relief procedural tools, which are governed by domestic law.20 Courts often regard damages arising from preserving the goods pursuant to Article 85 as damages recoverable under CISG Article 74.21 -Buyer’s duty to preserve the goods (Article 86)22 The buyer, similar to the seller, is bound to preserve the goods when (i) after receiving them, (ii) he intends to exercise the right to reject them. 4 4 See Secretariat Commentary on Article 77 of the 1978 [draft counterpart of CISG Article 88], reprinted in Official Records, supra note 5, at 63, available at . keywords: article; cisg; goods; note; party; supra; supra note cache: njcl-3070.pdf plain text: njcl-3070.txt item: #119 of 147 id: njcl-3071 author: Keily, Troy title: HARMONISATION AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS date: 2003-01-01 words: 10722 flesch: 49 summary: The Journal of Law and Commerce 159. Ferrari, Franco, ‘Recent Developments: CISG: Specific Topics of the CISG in Light of Judicial Application and Scholarly Writing’ (1995) 15 The Journal of Law and Commerce 1, also published at . Ferrari, Franco, ‘Ten Years of the United Nations Sales Convention: CISG Case Law: A New Challenge for Interpreters?’ (1998) 17 The Journal of Law and Commerce 245, also available at . However, CISG ratification quadrupled in the few short years since it came into effect’: see Albert Kritzer, ‘The Convention on Contracts for the International Sale of Goods: Scope, Interpretation and Resources’ (1995) keywords: article; cisg; contracts; convention; goods; international; issue; journal; law; sale; states; uniformity cache: njcl-3071.pdf plain text: njcl-3071.txt item: #120 of 147 id: njcl-3072 author: Chengwei, Liu title: RECOVERY OF INTEREST date: 2019-03-11 words: 40126 flesch: 64 summary: GENERAL REVIEW OF INTEREST RATE 7.1 Gap in the Convention As stated above, CISG recognizes the duty to pay interest (Arts. 78, 84(1)), which exists under most legal systems and several international instruments such as the UPICC and the PECL. However, even if one proceeds from the assumption that the issue of interest rates is governed by the CISG, and, thus, Article 7(2) CISG applies, it is not clear if there are any general principles in the Convention that may help to determine the applicable interest rate. keywords: appellate; arbitration; art; article; available; case; case law; cisg; claim; convention; court; creditor; damages; district court; interest rate; international; issue; journal; judgment; law; party; payment; seller; supra; tribunal cache: njcl-3072.pdf plain text: njcl-3072.txt item: #121 of 147 id: njcl-3073 author: Vincze, Andrea title: MEANS OF INTERFERENCE INTO ARBITRATION BY STATE COURTS: COMPARATIVE ANALYSIS OF THE UNCITRAL MODEL LAW, GERMAN AND HUNGARIAN LAW date: 2003-01-01 words: 11278 flesch: 50 summary: The British Columbia Supreme Court20 qualified this as the defendant’s approval of state court proceedings and did not refer the case to arbitration. Has arbitration been acknowledged as a totally separate institution with is own methods and devices or is it subsidiary to state courts in the meaning of the word that the latter might have some effect on it? keywords: act art; arbitral; arbitration; arbitration act; art; award; court; hungarian; law; mal; party; state; state court; tribunal; zpo art cache: njcl-3073.pdf plain text: njcl-3073.txt item: #122 of 147 id: njcl-3074 author: Heinonen, Mikko title: A NEW CORPORATE GOVERNANCE RECOMMENDATION FOR FINNISH LISTEDCOMPANIES date: 2004-01-01 words: 513 flesch: 33 summary: It is designed to complement the statutory corporate governance procedures of Finnish listed companies. The aim of the Recommendation is to harmonise the practices of listed companies, improve the transparency of their operations, harmonise the information given to shareholders and improve the quality of disclosure. keywords: recommendation cache: njcl-3074.pdf plain text: njcl-3074.txt item: #123 of 147 id: njcl-3075 author: Borisova, Bojidara title: REMARKS ON THE MANNER IN WHICH THE PRINCIPLES OF EUROPEAN CONTRACT LAW MAY BE USED TO INTERPRET OR SUPPLEMENT ARTICLE 75 OF THE CISG date: 2003-01-01 words: 2752 flesch: 51 summary: INTRODUCTION Article 75 of the Convention is part of the set of rules and principles that provide the law of damages in the CISG.1 CISG article 75 regulates the operation of a substitute transaction, which is adopted in most legal systems as well as in basic multilateral instruments such as the CISG and the PECL.2 Pursuant to CISG art. This provision represents a specific application of CISG art. keywords: art; cisg; contract; substitute; transaction cache: njcl-3075.pdf plain text: njcl-3075.txt item: #124 of 147 id: njcl-3076 author: Franke, Ulf title: THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE date: 2003-01-01 words: 4311 flesch: 54 summary: However, if the arbitrator was originally appointed by a party, such party shall be consulted by the SCC Institute before the appointment. Probably such party believes that he, by not taking part in the proceedings, will not be affected of the result thereof, i.e. the arbitral award. keywords: arbitration; institute; parties; scc; scc institute cache: njcl-3076.pdf plain text: njcl-3076.txt item: #125 of 147 id: njcl-3077 author: Lindfors, Patrik title: ARBITRATION IN FINLAND – CHARACTERISTIC FEATURES CURRENTLY UNDER DISCUSSION date: 2003-01-01 words: 4646 flesch: 46 summary: CHARACTERISTICS OF FINNISH ARBITRATION 2.1 Arbitration Agreements 2.1.1 General The principal provisions concerning arbitration agreements are contained in Sections 2 and 6 of the Act. 2.1.2 The form of arbitration agreements keywords: act; arbitral; arbitration; law; parties; party cache: njcl-3077.pdf plain text: njcl-3077.txt item: #126 of 147 id: njcl-3078 author: Zeller, Bruno title: REMARKS ON THE MANNER IN WHICH THE UNIDROIT PRINCIPLES MAY BE USED TO INTERPRET OR SUPPLEMENT ARTICLE 76 OF THE CISG date: 2003-01-01 words: 1992 flesch: 54 summary: That is the case as CISG article 76 and UNIDROIT Principles article 7.4.6 are essentially identical and the ICC Court also in its determination did not distinguish between the two counterpart provisions. As they yielded the same result, it can be argued that there is no significant difference between CISG article 76 and UNIDROIT article 7.4.6. keywords: article; cisg; unidroit cache: njcl-3078.pdf plain text: njcl-3078.txt item: #127 of 147 id: njcl-3079 author: Ramberg, Christina title: ELECTRONIC COMMUNICATIONS UNDER CISG date: 2003-01-01 words: 10722 flesch: 49 summary: The Journal of Law and Commerce 159. Ferrari, Franco, ‘Recent Developments: CISG: Specific Topics of the CISG in Light of Judicial Application and Scholarly Writing’ (1995) 15 The Journal of Law and Commerce 1, also published at . Ferrari, Franco, ‘Ten Years of the United Nations Sales Convention: CISG Case Law: A New Challenge for Interpreters?’ (1998) 17 The Journal of Law and Commerce 245, also available at . However, CISG ratification quadrupled in the few short years since it came into effect’: see Albert Kritzer, ‘The Convention on Contracts for the International Sale of Goods: Scope, Interpretation and Resources’ (1995) keywords: article; cisg; contracts; convention; goods; international; issue; journal; law; sale; states; uniformity cache: njcl-3079.pdf plain text: njcl-3079.txt item: #128 of 147 id: njcl-3299 author: Jakobsen, Søren Sandfeld; Østergaard, Kim title: Platform Intermediaries in the Sharing Economy: Questions of Liability and Remedy date: 2019-06-03 words: 9624 flesch: 41 summary: As discussed above, it is central to the definition of the platform intermediary concept that platform intermediaries may not also fulfil the role of performance debtor. From a Danish law perspective, this article focuses on the legal role of platform intermediaries which provide access to a sharing economy service. keywords: consumer; contract; creditor; economy; intermediary; law; liability; party; performance debtor; platform intermediary; services; sharing cache: njcl-3299.pdf plain text: njcl-3299.txt item: #129 of 147 id: njcl-3394 author: Atamer, Yesim; Bergsten, Eric; Bonell, Joachim; Flechtner, Harry; Gama, Lauro; Garro, Alejandro; Goode, Roy; Gotanda, John; Shiyuan, Han; Herre, Johnny; Perales Viscasillas, Pilar; Schroeter, Ulrich; Schwenzer, Ingeborg; Sono, Hiroo; Witz, Claude; Eiselen, Sieg title: CISG Advisory Council Opinion No. 18: Set-off under the CISG date: 2019-08-23 words: 16864 flesch: 60 summary: Monetary claims governed by the CISG, whether they arise out of the same contract or not, may be set off by either party in conformity with the general principles underlying the CISG. The set-off of monetary claims both governed by the CISG is to be settled in conformity with the general principles underlying the Convention. keywords: arbitration; article; cisg; claim; contract; convention; court; effect; goods; law; online; para; party; payment; question; rules; set cache: njcl-3394.pdf plain text: njcl-3394.txt item: #130 of 147 id: njcl-3396 author: Atamer, Yesim; Bergsten, Eric; Bonell, Michael Joachim; Flechtner, Harry; Gama, Lauro; Garro, Alejandro; Gotanda, John Yukio; Goode, Roy; Shiyuan, Han; Herre, Johnny; Perales Viscasillas, Pilar; Schroeter, Ulrich; Schwenzer, Ingeborg; Sono, Hiroo; Witz, Claude; Eiselen, Sieg; Bridge, Michael title: CISG Advisory Council Opinion No. 19: Standards and Conformity of the Goods under Article 35 CISG date: 2019-08-23 words: 12782 flesch: 54 summary: In assessing whether such standards are to be complied with, regard may be had to the following factors, in addition to those in Rule 4: (a) whether the seller knew or could not have been unaware of the relevant standard at the place of the intended use; (b) the seller’s prior dealings at that place, such as whether the seller had a branch or subsidiary or promoted goods of the same kind at that place; (c) whether the standard at that place is the same as that at the seller’s place of business. However, they can become mandatory or quasi-mandatory.11 The former is the case where a private standard is incorporated into a national regulatory framework.12 The example of the latter is where standards are applied by the majority of businesses in a particular sector and/or where compliance with such standards is required by large companies (usually, buyers) dominating the relevant sector or supply chain.13 1.2. keywords: article; business; buyer; cisg; compliance; comply; conformity; contract; goods; law; parties; place; rule; seller; standard; use cache: njcl-3396.pdf plain text: njcl-3396.txt item: #131 of 147 id: njcl-3442 author: Stănescu, Cătălin-Gabriel; Gikay, Asress Adimi title: Technological Populism and its Archetypes: Blockchain and Cryptocurrencies date: 2019-09-18 words: 18110 flesch: 45 summary: In a paper published in 2019, Foley et al, documented that “[…] approximately one-quarter of Bitcoin users are involved in illegal activity…, around $76 billion of illegal activity per year involves Bitcoin (46% of Bitcoin transactions), which is close to the scale of the US and European markets for illegal drugs.”155 Although Antonopoulos is referring to the security of Bitcoin network, he does imply that the decentralization of Bitcoin puts the user in charge as opposed to traditional banking or payment system where a central authority is in charge. keywords: 2019/2; april; archetypes; bitcoin; blockchain; blockchain technology; court; cryptocurrencies; decentralization; elite; exchange; ibid; institutions; july; law; money; network; new; njcl; party; payment; people; populism; power; system; technology; transactions; trust; value cache: njcl-3442.pdf plain text: njcl-3442.txt item: #132 of 147 id: njcl-3508 author: Perales Viscasillas, Pilar title: Towards a Uniform Standard of Rules 5 and 6 of the IBA Guidelines on Party Representation in International Arbitration date: 2019-10-31 words: 11348 flesch: 39 summary: NJCL 2019/2 123 Subsequently, other arbitration rules or other soft law texts have followed these regulations. A particular treatment of a type of conflict of interest that may occur during the arbitration procedure is that regulated by Rules 5 and 6 of the IBA Guidelines on Party Representation in International Arbitration (2013), referring to a modification in the team of representatives or legal advisors of one of the parties that causes a conflict of interest in one of the arbitrators that seriously questions his independence or impartiality, and that consequently opens the door to his possible disqualification, and to the need to protect the integrity of the arbitration procedure by the arbitrators. keywords: arbitral; arbitration; arbitration rules; arbitrators; case; conflict; iba; iba guidelines; interest; international; law; parties; party; party representation; procedure; tribunal cache: njcl-3508.pdf plain text: njcl-3508.txt item: #133 of 147 id: njcl-5397 author: Rossen, Anne; Hummelshøj Pedersen, Marie; Neumann, Thomas title: How far does the dynamic doctrine go? Looking for the basis of precontractual liability in the CISG date: 2020-05-18 words: 14622 flesch: 54 summary: 7(1),134 but more often the principle is derived from numerous provisions of the CISG, that may be considered an expression of such.135 The latter may find more support in The Secretariat Commentary that refers to numerous provisions as manifestations of good faith.136 Good faith as an underlying principle also finds support in the UNCITRAL Case Law Digest, which refers to several court cases, in which courts have referred to ‘the principle of good faith’.137 A study of the utilisation of good faith additionally shows that when courts refer to good faith and when imposing a standard of 128 A/CONF. 12 Lisa Spagnolo, ‘Opening Pandora’s Box: Good Faith and Precontractual Liability in the CISG, Opening Pandora's Box: Good Faith and Precontractual Liability in the CISG.’ keywords: art; box; cisg; faith; international; law; liability; pandora; precontractual; scope; spagnolo; upicc cache: njcl-5397.pdf plain text: njcl-5397.txt item: #134 of 147 id: njcl-5893 author: Bruno Zeller; Robert Walters title: Precontractual Damages as a Result of an Irrevocable Offer – A Resolution Within the CISG date: 2020-07-19 words: 7687 flesch: 59 summary: This is in line with the fact that the general principle in the CISG is “‘contracting cost reduction, ‘which requires contracting parties to reduce the cost of executing and performing under CISG contracts.”54 The importance is that Schlechtriem certainly did not have in mind that common law estoppel is to be used in CISG cases. keywords: article; breach; cisg; contract; damages; estoppel; issue; law; offer; party cache: njcl-5893.pdf plain text: njcl-5893.txt item: #135 of 147 id: njcl-6099 author: Overgaard, Caroline; Tufte-Kristensen, Johan title: Disclosure of Third-Party Funding in Commercial Arbitration date: 2020-08-28 words: 7186 flesch: 52 summary: According to the IBA Guidelines, a party shall disclose “any relationship, direct or indirect, between the arbitrator and the party … or between the arbitrator and any person or entity with a direct economic interest in, or a duty to indemnify a party for, the award to be rendered in the arbitration”.20 Similar requirements are laid down in the CIETAC Guidelines for Third Party Funding in Arbitration, SIAC’s Practice Note on Arbitrator Conduct in Cases Involving External Funding and SCC Policy on Disclosure of Third Parties with an Interest in the Outcome of the Dispute.21 The Danish Institute of Arbitration requests parties to disclose facts and circumstances that may give rise to justifiable doubts about an arbitrator’s impartiality and independence, including their sources of funding. This particularly applies to the losing parties, because arbitral tribunals tend to allocate costs based on the Austrian Yearbook on International Arbitration 2017 (MANZ’sche Verlags- und Universitätsbuchhandlung 2017) 12; James Rogers and Matthew Townsend, ‘CIETAC Hong Kong Consults on Draft Guidelines on Third Party Funding’ (Kluwer Arbitration Blog, 13 August 2016) keywords: arbitration; costs; disclosure; duty; funder; funding arrangement; international; parties; party funder; party funding cache: njcl-6099.pdf plain text: njcl-6099.txt item: #136 of 147 id: njcl-6397 author: Ece Baş-Süzel; Gökçe Kurtulan-Güner title: Availability of the Disgorgement of Profits Under the CISG date: 2020-12-23 words: 8968 flesch: 54 summary: 33 AVAILABILITY OF DISGORGEMENT 20 ABSTRACT The United Nations Convention on Contracts for the International Sale of Goods (CISG or the Convention) does not expressly state whether the remedy of disgorgement of profits can be awarded in cases of breach of contract. 2. UNDERSTANDING THE REMEDY OF DISGORGEMENT OF PROFITS The remedy of disgorgement of profits can be briefly summarized as stripping the breaching party of the gains they made through the breach of contract. keywords: breach; cases; cisg; contract; convention; damages; disgorgement; goods; law; loss; party; profits; remedy cache: njcl-6397.pdf plain text: njcl-6397.txt item: #137 of 147 id: njcl-6542 author: CISG Advisory Council title: CISG Advisory Council Opinion 20 : Hardship under the CISG date: 2021-02-22 words: 19124 flesch: 55 summary: IF THE NOTICE IS NOT RECEIVED BY THE OTHER PARTY WITHIN A REASONABLE TIME AFTER THE PARTY AFFECTED KNEW OR OUGHT TO HAVE KNOWN OF THE HARDSHIP SITUATION, IT IS LIABLE FOR DAMAGES RESULTING FROM SUCH NON- RECEIPT 8.1 Pursuant to Article 79(4) CISG, a party failing to perform shall provide timely notice of the impediment and its effect on his ability to perform.101 This requirement is an expression of the underlying principle of cooperation in CISG contracts; it is intended to alert the other party on whether it should itself take remedial action, reduced damages under Article 77 CISG and/or – when a fundamental breach exists – avoid the contract.102 This notice requirement applies to hardship situations and follows the same objectives as other types of impediments.103 8.2 The notice must be given within a reasonable time after the party affected knew or ought to have known of the hardship. Signifying Something', at 378, 79. NJCL 2021/1 40 contract by ordering a solution “reasonably” expected to be taken.157 Relying on Articles 39 and 60 CISG, which allow the integration of the contract, it has been submitted that courts may in some instances rewrite CISG contracts in light of the surrounding circumstances, trade usages or prior practices.158 However, the task of integrating a contract works under the assumption that the parties have not agreed otherwise, whereas adapting a contract calls for a departure from the original deal concluded by the parties. keywords: article; case; cisg; contract; contract law; contract principles; exemption; force; goods; hardship; icc; international; law; majeure; online; opinion; para; parties; party; performance; sales; schwenzer cache: njcl-6542.pdf plain text: njcl-6542.txt item: #138 of 147 id: njcl-6543 author: CISG Advisory Council title: CISG Advisory Council Opinion 21 : Delivery of Substitute Goods and Repair under the CISG date: 2021-02-22 words: 23443 flesch: 64 summary: 120 For the general principles on calculating damages under the CISG see CISG-AC Opinion No. 6, Calculation of Damages under CISG Article 74, 2006, Stockholm (Sweden), Rapporteur: Professor John Y. Gotanda, President of Hawai‘i Pacific University, Hawai’I, USA, in Schwenzer (ed.), The CISG Advisory Council Opinions (Den Haag 2017), 125 et seq., also available at http://www.cisgac.com/cisgac-opinion-no6/. 121 Ruxley Electronics and Construction Limited (Appellants) v Forsyth (Respondent), 29 June 1995, c CISG, in Internationales Handelsrecht 2002, 59, 63. keywords: 46(2; art; article; buyer; case; cisg; contract; costs; court; cure; damages; delivery; goods; non; online; para; repair; right; schlechtriem; schwenzer; seller; substitute goods; time cache: njcl-6543.pdf plain text: njcl-6543.txt item: #139 of 147 id: njcl-7126 author: Kovač, Mitja; Albrecht, Paul title: Frustration of Purpose, Brexit, the COVID-19 Pandemic and Commercial Contracts date: 2022-02-18 words: 14026 flesch: 47 summary: Working Paper IE Law School AJ8-239. See also J W Cartwright, Contract Law. 8 Jane Woods, ‘Impact of Brexit on Contract Law’ (2016) 79 Student Law Review 15. keywords: brexit; canary; contract; contract law; costs; court; covid-19; doctrine; ema; event; ewhc; frustration; law; parties; party; performance; promisor; purpose; risk; wharf cache: njcl-7126.pdf plain text: njcl-7126.txt item: #140 of 147 id: njcl-7521 author: CISG Advisory Council title: The CISG Advisory Council Opinion No. 22: The Seller’s Liability for Goods Infringing Intellectual Property Rights under Article 42 CISG date: 2022-11-06 words: 28835 flesch: 70 summary: 103 Cf. LANGENECKER, 203; JANAL, FS Kritzer, 203, 214. CISG-AC OPINION 22 26 6.30 Further the goods’ nature and novelty might influence the objective accessibility of the relevant information, eg a good is of such a novel and innovative type that it is difficult to identify relevant IP rights. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. keywords: art; article; buyer; cisg para; claim; contract; encumbrances; goods; ip rights; kröll; liability; müko; party; rights; schlechtriem; schwenzer; seller; state; time; use cache: njcl-7521.pdf plain text: njcl-7521.txt item: #141 of 147 id: njcl-7540 author: Neumann, Thomas title: Current Legal Issues in Crowdfunding date: 2022-11-15 words: 1555 flesch: 44 summary: She concludes that while the ECSPR appears to be an advancement in facilitating crowdfunding services, there are several challenges to its implementation?. 0 Preface - Revised 1 Preface Current Legal Issues in Crowdfunding Thomas Neumann* * PhD, Master of Laws. keywords: authors; crowdfunding; ecspr; issues; research cache: njcl-7540.pdf plain text: njcl-7540.txt item: #142 of 147 id: njcl-7541 author: Cattelan, Stefano; Neumann, Thomas title: Status Artis: Research in the Law and Practice of Crowdfunding date: 2022-11-15 words: 18929 flesch: 37 summary: This foundational taxonomy is established both in economics and law literature, although further subdivisions are seen especially regarding investment crowdfunding.7 In the last few years, the number of crowdfunding platforms and the amount of money raised have continued to increase. This has resulted in high compliance and operational costs, which prevented crowdfunding platforms from efficiently scaling the provision of their services. keywords: alternative; business; business law; capital; china; crowdfunding; crowdfunding regulation; debt; development; donation; donation crowdfunding; equity crowdfunding; european; european crowdfunding; finance; financial; international; investment; investors; journal; law; law journal; law review; lending; market; new; online; p2p; peer; peer lending; platforms; regulation; research; review; reward; scholarship; securities; shneor; small; status; university cache: njcl-7541.pdf plain text: njcl-7541.txt item: #143 of 147 id: njcl-7542 author: Brinkmann, Søren; Ebert Rasmussen, Mads title: The New EU Crowdfunding Regulation - Explanations & Perspectives date: 2022-11-15 words: 7167 flesch: 40 summary: Such crowdfunding offers of lending and investment opportunities holds a threshold being capped at maximum EUR five (5) million per project owner calculated on an annual basis according to Art. 1 (2)(c). The ECSPR does in this regard set forth that project owners may seek and obtain funding from crowdinvestors by transferring securities in a private limited company in return, albeit such crowdfunding offers in general are reminiscent of public offerings, which however, as mentioned above, shall be applied in respect of each EU Member State’s legislation. keywords: art; crowdfunding; csps; danish; ecspr; investor; member; platform; project; securities cache: njcl-7542.pdf plain text: njcl-7542.txt item: #144 of 147 id: njcl-7543 author: Westh Wiencken, Stefan; Schou Pedersen, Rasmus title: Civil Liability for the Key Investment Information Sheet in Denmark date: 2022-11-15 words: 6529 flesch: 43 summary: As the market for crowdfunding services will now be regulated by the ECSPR, it is likely that the market will adapt and develop further. The ECSPR aims at strengthening the EU crowdfunding market by levelling the playing field and opting for a balanced approach between the level of investor protection and the burden of obligations for crowdfunding service providers (the platform) and project owners (the owner of the crowdfunding project in question). keywords: crowdfunding project; crowdfunding service; ecspr; information; investment information; kiis; liability; project owner; service providers cache: njcl-7543.pdf plain text: njcl-7543.txt item: #145 of 147 id: njcl-7544 author: Macchiavello, Eugenia title: The Challenges Awaiting the European Crowdfunding Services Providers Regulation: Ready for Launch? date: 2022-11-15 words: 10595 flesch: 31 summary: The ECSPR has introduced a legal framework for providers of crowdfunding services which recalls MiFID but simplified. The ECSPR applies to crowdfunding services defined as ‘the matching of business funding interests of investors and project owners through the use of a crowdfunding platform’ and consisting of: a) the ‘facilitation of granting of loans’ (lending-based crowdfunding), with exclusive reference to business loans; b) the joint provision of placing without firm commitment and reception and transmission of orders (investment-based crowdfunding), not hereby defined but identified through reference to Section A of Annex I MiFID II, respectively, points 7 and 1 (although crowdfunding services are exempted from the same Directive) and when pertaining to transferable securities or the new category of ‘admitted instruments’ (see below §2.2.1; Article 2(1)a ECSPR). keywords: art; article; business; commission; crowdfunding; crowdfunding services; ecspr; european; finance; instruments; investment; loans; macchiavello; national; platforms; providers; regulation; services cache: njcl-7544.pdf plain text: njcl-7544.txt item: #146 of 147 id: njcl-7545 author: Kjærgaard Sørensen, Nicolai; Steen, Ulla title: The Fundraiser's Transfer of Personal Data from the European Union to the United States in Context of Crowdfunding Activities date: 2022-11-15 words: 7973 flesch: 42 summary: PERSONAL DATA TRANSFER TO THE US 122 decides the purpose and means of the processing of the personal data in question, including making the decision that the personal data should be transferred to Indiegogo in order to receive Indiegogo's crowdfunding service.18 When the fundraiser as a data controller wants to proceed with a transfer of personal data to Indiegogo, the fundraiser is subject to several requirements under EU law. PERSONAL DATA TRANSFER TO THE US 120 identify and analyse the nature of the wanted data in a broader (legal) perspective before signing up for campaign and transfer of any personal data. keywords: clauses; data; data protection; european; fundraiser; indiegogo; june; protection; transfer cache: njcl-7545.pdf plain text: njcl-7545.txt item: #147 of 147 id: njcl-7546 author: Otto, Till; Wambold, Patrick; Wenzlaff, Karsten title: Tied Agents within the ECSPR Regime date: 2022-11-15 words: 2286 flesch: 45 summary: TIED AGENTS WITHIN THE ECSPR REGIME 142 did not want to extend the exclusivity requirement to the - permissible, see above - activities of tied agents outside the scope of MiFID II. This also corresponds to views in published literature.6 Said multiple representation was still possible before the revision of the field exception, provided that the participating investment firms assumed joint and several liability for the activities of the tied agent.7 With the new version of the field exception for tied agents, the German legislator did not intend to go beyond the scope required by MiFID II and 3 FRUG, BT-Drs. 16/4028. keywords: crowdfunding; ecspr; mifid cache: njcl-7546.pdf plain text: njcl-7546.txt