i-law

Lloyd's Maritime and Commercial Law Quarterly

Book reviews

UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) Edited by Stefan Kröll, Lawyer, Cologne, Loukas Mistelis, Professor of Law, Queen Mary University of London, and Pilar Perales Viscasillas, Professor of Commercial Law, Universidad de la Rioja (Spain). CH Beck/Hart/Nomos, Oxford (2011) lxiii and 1221 pp, plus 12 pp Bibliography and 17 pp Index. Hardback £255.
Over the past decade, the volume of material on the International Sales Law (CISG) has grown significantly, not only in terms of bulk, but also in terms of the scope and depth of the commentaries and articles being published. This “German style” CISG commentary is not unique, as it provides an article-by-article analysis of the Convention (much akin to the approach of Schlechtriem and Schwenzer’s leading Commentary on the UN Convention on the International Sale of Goods (CISG) (2005), but it is a welcome addition as it adds to the mix, the views of a new generation of commentators in a very easily navigated format. The format of each article commentary follows the same structure: (1) overview, history and context; (2) detailed academic commentary; and (3) comparative references to similar/helpful rules in other legal instruments (typically the DCFR, PECL and UNIDROIT Principles).
The editors are renowned figures of authority in the community of CISG scholarship. Mistelis and Viscasillas both serve on the CISG Advisory Committee, and Kroll and Mistelis have previously collaborated on a guide to commercial arbitration (with Julian Lew), cementing their authority in commercial law and their ability to compose a solid academic commentary. It must be noted, though, that the present book is not authored solely by the editors, but contains contributions from a wide array of authors. Some of these are very well known in their field, and the list of contributors includes prominent names such as Bridge, Ferrari, Gotanda, Huber, Piltz and Sono. But there are also a number of lesser-known contributors, some of whom are promising young academics, offering a fresh viewpoint.
The book is a comprehensive commentary, offering a breadth of knowledge and insight into the application of the CISG, but also including occasional glimpses of brilliance in synthesising complex issues in a novel and clear way. The section on “Good Faith in the CISG”—a topic which is notoriously controversial—is illustrated and clarified better by Viscasillas on pp 120–125 of this book than I have ever seen it exposed anywhere. However, owing to the variety of authors, the degree of specialist insight is not consistent throughout the chapters.
As is often the case when I am asked to review volumes such as this, I must voice an objection to the price. In this case, the objection is stronger than ever. This is a significant commentary, with over 1,200 pages of detailed analysis, which should be in the library of any Sales Law expert. But not all chapters are authored by leading experts in their own field and, while it is an excellent supplement to sources on the CISG, it should not form the sole source of information for anyone, practitioner or scholar. It has entered the world of the CISG commentary as a leading commentary, but not the leading commentary. And priced at a staggering £255, this will inevitably mean that it will be limited to practitioners and libraries—which is a real shame, as it ought to be a more accessible source for broader input on many issues of the CISG.
Camilla B Andersen,
Senior Lecturer in Law,
University of Leicester.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.