IMAT Team Resource Overview
This is a brief overview of key resources relevant to the IMAT problem-set, including laws/rules governing disputes, CISG resources, and the Institute of International Commercial Law's resources. The reference librarian, Isaac Samuels, offers assistance in accessing and locating materials for research purposes. Insightful details on CISG countries, applicable principles, and available resources are provided to support further research needs.
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Presentation Transcript
Who am I? I am the Reference Librarian assigned to the IMAT team. Isaac Samuels, JD, MLS Reference Librarian Office 100G (In the Library) (516) 463-7808 isaac.e.samuels@hofstra.edu Please ask me if you need help locating something. BA SUNY Albany (Classics) Please ask me if you need help accessing something. JD Touro Law 2009 Please let me know if you need pretty much anything re: IMAT. MLS St. John s 2013
Why are we here? Today we are here for a brief intro to locating law and other resources relevant to the IMAT problem-set. Based on an initial skim of the problem, I identified some resources, and would like to share what I learned. Is this everything you will need to address this problem? Probably not as you research, you will, undoubtedly, find that you need to reference additional resources. Are you out of luck if we don t address something today? - Of course not! Questions are always encouraged (this is why you have an IMAT Reference Librarian)!
Laws/Rules Governing this Dispute Clause 19: CHOICE OF LAW This Agreement is governed by the UN Convention on the International Sale of Goods ( CISG ). For issues not dealt with by the CISG the UNIDROIT Principles are applicable. Clause 20: DISPUTE RESOLUTION Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules without the involvement of any arbitral institution and excluding the application, direct of by analogy, of the UNCITRAL Rules on Transparency. It is undisputed between the Parties that Equatoriana, Mediterraneo, Ruritania and Danubia are Contracting States of the CISG. The general contract law of all four states is a verbatim adoption of the UNIDROIT Principles on International Commercial Contracts. All states have adopted the UNCITRAL Model Law on International Commercial Arbitration with the 2006 amendments.
The CISG Resources We know that all parties are from CISG countries. The documents reference several articles, e.g., 19; 35; 53; 54; & 62. United Nations Commission on International Trade Law (CISG) Full CISG Text (Searchable PDF) Access to CLOUT Case Law/Arbitration Search UNILEX CISG Resources Search by Article # Bibliography Subject/Topic List Full Text Decisions
The CISG Continued Institute of International Commercial Law (Pace Law School) Online for more than 20 years. You must create a free account. Annotated CISG Please and thank you!!! Case Law Search; CISG Advisory Council Opinions; Translation help, Links to other pages; Secondary Sources; etc. A wealth of materials! There is a new page and an archive page. Be sure to watch the intro video explaining reason. Groups can arrange an online tour/tutorial of the resource by contacting Vikki Rogers, managing editor of the Pace-IICL CISG Database (vrogers@law.pace.edu).
UNIDROIT Principles on International Commercial Contracts UNIDROIT Principles on International Commercial Contracts (2010) RECENT NEWS: As per the UNIDROIT Webpage on June 21, 2017 At its 95th session (Rome, 18-20 May 2016), the UNIDROIT Governing Council adopted amendments and additions to the 2010 UNIDROIT Principles of International Commercial Contracts and authorised the Secretariat to prepare and publish a new edition to be known as the 2016 UNIDROIT Principles of International Commercial Contracts (see document UNIDROIT 2016 C.D. (95) 15). 2016 UNIDROIT Principles on International Commercial Contracts (2016) UNILEX UNIDROIT Resources - Additional UNIDROIT materials Official Comments!!!
Arbitration Rules United Nations Commission on International Trade Law (UNCITRAL) UNCITRAL Model Law on International Commercial Arbitration Searchable PDF of the rules International Bar Association (IBA) Guidelines on Conflict of Interest Searchable PDF of the rules
More UNCITRAL Resources Kluwer Arbitration Be sure to use the link from the library page!!! 249 Books on Arbitration Issues (searchable!) e.g. A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary by Holtzmann Many different organizations including, but not limited to: UN Commission on International Trade Law (UNCITRAL) International Bar Association (IBA) Search Rules, Commentary, Awards, Etc. Feature videos and Online Demo Available
Secondary Sources Journals and Law Reviews West and Lexis 1980s - Present HeinOnline most comprehensive (Use library link!) Journal Finder for other publications e.g., Journal of Law and Commerce E-Books and Online Treatises 200+ Books on Kluwer Arbitration Database Westlaw has Guide to the International Sale of Goods Convention (2017 Update) & others in the international treatises section (be sure to check dates). Print Materials Many print books are on reserve for IMAT in the library. Search here for Professor Ku, and follow the links to International Commercial Arbitration Moot Court Team / Ku
Global Compact United Nations Global Compact (Global Compact) Ten principles for companies to make more ethical and sustainable business choices.
