Coll. China-EU Law, 183 pages
Présentation de l'éditeur
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
Sommaire
Preface Claude Witz
Presentation Nicolas Nord, Gustavo Cerqueira
Foreword – The Chinese law on Conflict of Laws and its Interpretation by the Supreme Court Cheng Minzhu
Part I: International Sale of Goods and Conflictual Mechanisms
Identification of the Competent Judge in Europe Danièle Alexandre
Identification of the competent judge in China Xi Zhiguo
Identification of the Applicable Law in China and in Europe Nicolas Nord
Part II: Arbitration, an Alternative Way
International Sale of Goods: Combination of Arbitration and Mediation in China Song Lianbin
Arbitration in the Field of International Sale of Goods: A French Point of View Jochen Bauerreis
Integration of the Arbitration Award in the State System: Comparative Perspectives Dong Jingjing
Part III: International Sale of Goods and Material Solutions
The Vienna United Nations Convention on Contracts for the International Sale of Goods: Applicability, Gaps and Implementation Laura García Gutíerrez
The Unidroit Principles of International Commercial Contracts in the Sino-European Sale of Goods Contracts Gustavo Cerqueira
Part IV: International Sale of Goods and Consumers
International Consumer Sales: International Jurisdiction and ADR in Europe and Chine Markus Petsche
The Law Applicable to the Consumer Contracts: Protection and Gaps in China and in Europe Nicolas Nord