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CETA Investment Law

Marc Bungenberg (Hrsg.), August Reinisch (Hrsg.)

2022

Treffer in den folgenden Teilen:

Crina Baltag Article 8.26 Third party funding S. 584-599

„… investmentarbitration. The Elephant in the Room’, Dossier of the ICC Institute of World Business Law: Third PartyFunding …” „… outcome of the dispute’,‘provided by a natural or legal person who is not a disputing party’:Third party …” „… partyor potential party to dispute resolution proceedings with a Third‑Party Funder for the funding of all …”

Güneş Ünüvar Article 8.38 Non-disputing Party S. 813-825

„… ) access to infor-mation, and b) facilitation of third-party participation for the non-disputing …” „… and/or a Member State), b) written (third person or non-disputing Party) submissionsmade pursuant to …” „… (Submissionby a third person) and Article 5 (Submission by a non-disputing Party to the treaty) ofthe UNCITRAL …”

August Reinisch Article 8.7 Most-favoured-nation treatment S. 216-230

„… , namely that as soon as one contracting Partyhas made such commitments towards any third Party it also …” „… substantive treatment stipulated in third Partytreaties is to be granted to CETA investors if a CETA Party …” „… treatment along the lines of a thirdParty treaty. Thus, MFN clauses in treaties achieve a dynamic revision …”

Céline Lévesque Article 8.16 Denial of benefits S. 395-416

„… anInvestment of an Investor of a third state with or as to which the denying Contracting Party:(a) does not …” „… a third country owns or controls the enterprise; and(b) the denying Party adopts or maintains a …” „… time: such provisions allowed a Party ‘incase of need to prevent third country interests from getting a …”

Christoph Schreuer Article 8.11 Compensation for losses S. 277-296

„… companies of a third party, asregards restitution, indemnification, compensation or other considerations …” „… nationals or companiesof a third party.’3 See UNCTAD, International Investment Agreements Navigator, Canada …” „… other Contracting Party, or the Investor ofany third state.(2) Without prejudice to paragraph (1), an …”

N. Jansen Calamita Article 8.36 Transparency of proceedings S. 787-807

„… , ‘Transparency and Third PartyParticipation in Investor-State Dispute Settlement’, Paper presented at ICSID, OECD …” „… ’ (Paris,12 December 2005); Kyla Tienhaara, ‘Third-Party Participation in Investment-Environment Disputes:N …” „… . Transnat’l L., 775; Tienhaara,‘Third-Party Participation in Investment-Environment Disputes: Recent …”

Marc Bungenberg, Angshuman Hazarika Article 8.1 Definitions S. 43-113

„… notinclude the pricing of air transport services or the applicable conditions;third party funding means any …” „… , 36; Lisa Nieuwveld and Victoria Sa-hani, Third-Party Funding in International Arbitration (Wolters …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307XXV. Third Party Funding …”

Marc Bungenberg, Anna Holzer Article 8.41 Enforcement of awards S. 876-916

„… awardif the assets of the losing party are located in a third state and can be accessed therevia an …” „… between enforcement in the territory or under the jurisdiction ofStates party to CETA and third States …” „… the implementation of the award against the will ofthe defeated party.Before enforcement can take …”

Colin M. Brown Article 8.27 Constitution of the Tribunal S. 600-609

„… topay the retainer fee the other Party may elect to pay. Any such arrears by a Partyshall remain payable …” „… to refrain from acting ascounsel or Party-appointed experts in other investment disputes (they can …” „… Partycan fill the gap, but that the non-paying Party remains liable, with interest.VIII. Secretariat (para …”

Patricia Nacimiento Article 8.13 Transfers S. 337-359

„… drafts ofthe CETA, which refers to keeping each Party’s status quo over the restriction ontransfers. The …” „… Article 8.13Transfers11. Each Party shall permit all transfers relating to a covered investment to …” „… Section F.2. A Party shall not require its investors to transfer, or penalise its investors forfailing to …”

Marc Bungenberg, Afolabi Adekemi Article 8.18 CETA (Scope) S. 434-484

„… obligations offered by a Party in third Party IIAs cannot bythemselves give rise to a breach of Article 8.7 …” „… accorded to third-Party investors and not abstract legal promises containedbb)is non-exhaustive); Article …” „… accorded by a Party providingfor recognition, including through an arrangement or agreement with a third …”

Marc Bungenberg, August Reinisch An Overview of the CETA – Investment Chapter (Chapter 8) S. 1-42

„… Overview of the CETA – Investment Chapter (Chapter 8)Marc Bungenberg and August Reinisch 312with third …” „… the EU is Party. This is already evident in the EU-Singaporeand EU-Vietnam Investment Protection …” „… April 2011.372.Member States and third countries [2012] OJ L351/40. On the EU Member States’ approach to …”

Erman Özgür Article 8.3 Relation to other chapters S. 147-158

„… their scope to treatment accorded to its own and thirdParty financial institutions and investments of …” „… its own and third Party investors infinancial institutions, respectively.11 Compared to Chapter 14 of …” „… Chapter applies to that Party'streatment of the posted bond or financial security.Similarly, the recently …”

Christina Binder Article 8.5 Performance requirements S. 175-193

„… a Party’s territory’, thus including invest-ments from third states/non-parties. This is likewise …” „… Article is without prejudice to World Trade Organization commitments ofa Party.Reference to the Respective …” „… provisionsof Chapter 8; namely as relating to any investments in a Party’s territory.20 Thisgeneral application …”

Marc Bungenberg, Andrés E. Alvarado Garzón Article 8.17 Formal requirements S. 417-433

„… Party to investors of another Partyand investments of investors of another Party pursuant to this …” „… indirectly owned or controlled by an investor of the other Party;and (d) existing on the date of entry into …” „… thedisclosing Party.Similarly, in the field of merger control, business secrets and other confidential …”

Marc Bungenberg, Angshuman Hazarika, Afolabi Adekemi Article 8.2 Scope S. 114-146

„… measures may have affected investments in the third country,made by an investor of an opposite state Party …” „… itsterritory relating to:(a) an investor of the other Party;(b) a covered investment; and(c) with respect to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48aa) Enterprise Constituted under the Laws of a Party(corporate nationality …”

Index S. 979-994

„… (Third Party Funding) 8.26 13Host State 8.14 43Human rights 8.16 32, 37 ff., 54, 77 ff., 82, 84IBA …” „… ff.Territorial link 8.1 103 ff.– investment made in the territory of a Party8.2 64 ff.Third country or State …” „… 8.16 5, 8, 11, 15, 19, 24,39, 53, 62, 75, 84Third party funding 8.1 310 ff., 8.26 1 ff.Time limit …”

Frank Hoffmeister, Mattijs Kempynck Article 8.28 Appellate Tribunal S. 610-632

„… (Third-Party Funding), 8.31 (applicable law),8.34 (interim measures of protection), 8.35 (discontinuance), 8.39 …” „… Party.According to Article 8.38(2) the Appellate Tribunal shall also admit submissionsof the non-disputing Party …” „… adoption of the decision referred to in paragraph 7:(a) a disputing party may appeal an award rendered …”

Katia Fach Gómez Article 8.30 Ethics S. 654-703

„… independent but also to be perceived as such by anindependent and objective third-party observer’.57 A further …” „… as counsel or as party-appointed expert or witnessin any pending or new investment dispute under this …” „… Articleto party-appointed arbitrators. Paragraph 2 of Article X.22 began by requiring acertain expertise …”

Ursula Kriebaum Article 8.12 Expropriation S. 297-336

„… occurred;(b) the duration of the measure or series of measures by a Party;(c) the extent to which the measure …” „… NAFTAframework, to a situation where a Contracting Party’s conduct creates reasonable and justifiableexpectations …” „… Article 8.12Expropriation1. A Party shall not nationalise or expropriate a covered investment …”

Irmgard Marboe Article 8.40 Indemnification or other compensation S. 856-875

„… received indemnification or other compensation by a third Party.Such assertions could have far-reaching …” „… partially, bya third Party. Article 8.40 shall avoid that the financial consequences of the unlawfulact by …” „… third Party might reduce or even eliminate the claim for monetary damages.Such deductions from …”

Marc Bungenberg, August Reinisch Article 8.29 Establishment of a multilateral investment tribunal and appellate mechanism S. 633-653

„… conducted in a transparent manner,including the possibility of submitting third party interventions, similar …” „… identified concerns; and third, if the Working Group IIIwere to conclude that reform was desirable, develop …” „… mandate given to the CETAContracting Parties (→ mn. 17 ff.); third, what are the possible cornerstones of …”

Arnaud de Nanteuil Article 8.14 Subrogation S. 360-373

„… not limited to situations where a third Party (being a State or a Stateagency) has made a payment to …” „… Party’The first question relates to the ratione personae scope of the provision, namely:who can benefit from …” „… Article 8.14SubrogationIf a Party, or an agency of a Party, makes a payment under an indemnity …”

Jens Benninghofen Article 8.21 Determination of the respondent for disputes with the European Union or its Member States S. 520-533

„… toproperly determine the EU-Party responsible for the measures allegedly in breach ofCETA and correspondingly …” „… acts, naturalphenomena, acts of a third states or other types of acts, omissions or measuresnot …” „… the European Union is Party.2 Ziegler, ‘The Relationship between EU Law and International Law’, in …”

Herman Verbist Article 8.20 Mediation S. 485-519

„… shall be transmitted by way of a letter to the mediator and the otherdisputing party.Reference to the …” „… restructuring of adebt issued by a Party.Article 8.19 provides that as a first dispute settlement method there …” „… . Recourse to mediation is without prejudice to the legal position or rights ofeither disputing party under …”

Lars Markert Article 8.25 Consent to the settlement of the dispute by the Tribunal S. 566-583

„… with third Parties cannot be used to expand the CETAContracting Party’s consent, or for the investor to …” „… designate the objective of finally settling the dispute by way of aneutral third-party decision-maker …” „… disclosure of third Party funding (Article 8.26) or ethics (Article8.30). Some provisions are of a mixed …”

DECISION No 1/2021 OF THE CETA JOINT COMMITTEE S. 961-964

„… (Mediation), 8.24 (Proceedings under anotherinternational agreement), 8.26 (Third party funding), 8.31 …” „… the ICSID Secretariat. In the event that oneParty fails to pay the retainer fee, the other Party may …” „… metby the Parties equally.Article 3Conduct of appeals1. Either disputing party may appeal before the …”

Panos Koutrakos Article 8.8 Senior management and boards of directors S. 231-235

„… Article 8.8Senior management and boards of directorsA Party shall not require that an enterprise of …” „… that Party, that is also a coveredinvestment, appoint to senior management or board of director …” „… national treatment obligation (Article 8.15(1)CETA).Third, there is an exception that applies to sectors …”

Lukas Stifter Article 8.32 Claims manifestly without legal merit S. 738-756

„… anotherinternational agreement), 8.26 (Third party funding), 8.31 (Applicable law and interpretation), 8.34(Interim …” „… disputing Party is entitled to ‘filean objection that a claim is manifestly without legal merit’ at the …” „… theoreticallyencompasses either Party.18This ostensible limitation will have a negligible practical impact. For the …”

Titelei/Inhaltsverzeichnis S. I-XXIV

„… Enhancement AgreementTPA Trade Promotion AgreementTPF Third-Party-FundingTPP Trans-Pacific PartnershipTRIMS …” „… Trade CommissionNDP non-disputing partyNew York Convention Convention on the Recognition and Enforcement …” „… Consent to the settlement of the dispute by the Tribunal .........................Article 8.25 566Third …”

Armand de Mestral, Lukas Vanhonnaeker Article 8.4 Market access S. 159-174

„… in its territory of investors of any other Party or of any non-Partywith respect to the establishment …” „… the supply of a service:(a) from the territory of one Party into the territory of the other Party;(b …” „… national of a Party in the territory of the other Party,but does not include the supply of a service in the …”

Julian Scheu Article 8.31 Applicable law and interpretation S. 704-737

„… constitute a breach of this Agreement, under the domestic law of aParty. For greater certainty, in …” „… domestic law ofa Party as a matter of fact. In doing so, the Tribunal shall follow the …” „… domestic law by the Tribunal shall not be bindingupon the courts or the authorities of that Party.3. Where …”

Lori Di Pierdomenico Article 8.43 Consolidation S. 923-944

„… through a disputing party’s re-quest for consolidation.47 Consolidation may be requested by any disputing …” „… consolidated process may compromise a party’s due process rights,for instance, where multiple claimants with …” „… consolidation, which might be against the will of a disputing party,undermines the principle of party autonomy …”

Johannes Tropper Article 8.6 National treatment S. 194-215

„… activity, as set out in the respective Party’s schedule to An-nex II (→ Art. 8.15 mn. 41 ff.).104Article …” „… Article 8.6National treatment1. Each Party shall accord to an investor of the other Party and to a …” „… territory.2. The treatment accorded by a Party under paragraph 1 means, with respectto a government in …”

doi.org/10.5771/9783748902133

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Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon

Esther Seitz

Reihe: Munich Intellectual Property Law Center - MIPLC Studies

Band 4 2009

Treffer in den folgenden Teilen:

Third Party Production S. 35-36

„… 35 V. Specific Patent-Related Aspects of Evidence Gathering Issues such as third party discovery …” „… §34.02[5][d]. 268 See id. 36 Patent infringement litigants commonly utilize third party discovery for …” „… party inspection of documents, things, and premises. Both procedures allow inspections of third parties …”

Trade Secrets and Secret Commercial Information S. 36-38

„… 36 Patent infringement litigants commonly utilize third party discovery for computing lost profits …” „… entities some of which may not be litigants, both the Rule 34 and the Saisie permit third party inspection …” „… . Further, the ability to compel third party production discourages infringers from storing and effectively …”

Inspection of Things – Types of Items Covered S. 11-17

„… outlining the scope of the inspection, its procedures and deadlines, and third party production.57 52 Id …” „… representative to inspect, copy, test, or sample the following items in the responding party’s possession …” „… or non-party.59 The obligation to disclose specific documents under a party’s control extends far.60 …”

Comparing and Contrasting Basic Aspects of the Saisie and Rule 34 S. 31-34

„… after filing suit.247 Service of process eliminates the defendant or seized party’s surprise, but, in …” „… respective legal systems.236 Third, both procedures permit judicial intervention in pre-trial fact-gathering …” „… compulsion and surprise. As pointed out above, the seized party has little obligation to assist the bailiff …”

Before the Saisie: Ex Parte Application for Inspection S. 23-26

„… of an expected infringer or any third party with potentially relevant information.161 However, the …” „… designating France.143 Third, the Saisie, as an extraordinary measure, proceeds under the strict control of …” „… seizing party may cause.176 Most importantly, the Saisie’s force springs from its ex parte nature.177 …”

Evaluative Comparison of the Procedures’ Strengths S. 45-48

„… imposition of party-driven discovery as excessively aggressive and offensive. And justly so; after all, why …” „… , because the requesting party, rather than the producing party, more closely designates the evidence to be …” „… . Third, the Saisie’s speedy process and relative cheapness better serve the effective enforcement of …”

Extraterritorial Application S. 40-44

„… perceived U.S. litigation as “both crude and threatening” because of “expensive party-driven discovery with …” „… the convention is merely optional and, moreover, that the party seeking to pur- 323 See e.g. Samuel …” „… essays on the judicial conflict between the United States and Europe). 324 RESTATEMENT (THIRD) OF …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Evidence Gathering 35 A. Third Party Production 35 B. Trade Secrets and Secret Commercial Information 36 C …”

doi.org/10.5771/9783845219714

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Third Parties, Outsiders, and Renegades

Melissa M. Smith

2022

Treffer in den folgenden Teilen:

Third-Party Candidates S. 97-144

doi.org/10.5771/9781793620736

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Commercial Law

Peter Mankowski (Hrsg.)

Reihe: Kooperationswerke Beck - Hart – Nomos

Band 2018

Treffer in den folgenden Teilen:

Eckart J. Brödermann Article 5.2.2 (Third party identifiable) S. 587

„… renunciation under Art. 5.2.6.23 Article 5.2.2 (Third party identifiable) The beneficiary must be identifiable …” „… at possible formality requirements. Section 2 Third Party Rights Art. 5.2.2 UNIDROIT Eckart J …” „… description in the contract (such as a relation to a contract party) and/or by the determination of one party …”

Eckart J. Brödermann Article 9.2.6 (Third party performance) S. 747

„… obligor) pursuant to Art. 9.2.5. Article 9.2.6 (Third party performance) (1) Without the obligee’s consent …” „… ) obligations under a contract towards an obligee (Art. 1.3) out to a third party which ‘will perform the …” „… performance is generally less important. In case of third party performance under Art. 9.2.6, the obligor is …”

Christoph Brunner, Michael Schifferli Article 41 CISG S. 214-219

„… third party, unless the buyer agreed to take the goods subject to that right or claim. However, if such …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Third party rights …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Third party claims …”

Eckart J. Brödermann Article 5.2.1 (Contracts in favour of third parties) S. 585-586

„… undertaking not to pursue certain rights for a certain time.12 Section 2 Third Party Rights Article 5.2.1 …” „… express or implied agreement a right on a third party (the “beneficiary”). (2) The existence and content …” „… ” this proposition), 9. Section 2 Third Party Rights Art. 5.2.1 UNIDROIT Eckart J. Brödermann 585 2 3 …”

Christoph Brunner, Michael Schifferli Article 43 CISG S. 226-228

„… a license. Consequently, the notice must indicate the third party’s identity and the nature of the …” „… indications of a third party’s rights or claims which he cannot reasonably ignore and which a reasonable third …” „… asserted right and the possible consequences arising out of the third party’s claim. The buyer must have …”

Eckart J. Brödermann Article 5.1.7 (Price determination) S. 579-581

„… ) Where the price is to be fixed by one party or a third person, and that party or third person does not …” „… price determination (Art. 2.1.14(1), 2d alternative). If (a) the third party does not accept the …” „… ), e.g. on a substitute19 third party, para. 3 leads with its reference to a ‘reasonable’ price to the …”

Eckart J. Brödermann Article 3.2.8 (Third persons) S. 548

„… Article 3.2.8 (Third persons) (1) Where fraud, threat, gross disparity or a party’s mistake is …” „… imputable to, or is known or ought to be known by, a third person for whose acts the other party is …” „… that of the party itself. (2) Where fraud, threat or gross disparity is imputable to a third person for …”

Christoph Brunner, Michael Schifferli Article 42 CISG S. 220-225

„… a third party claim, for example when filing a defence to prevent the expiry of a deadline, or when …” „… delivered goods were not free of third party rights or claims. A seller who defends against a liability …” „… are free from any right or claim of a third party based on industrial property or other intellectual …”

Eckart J. Brödermann Article 2.2.4 (Agency undisclosed) S. 528

„… the third party neither knew nor ought to have known that the agent was acting as an agent, the acts …” „… of the agent shall affect only the relations between the agent and the third party. (2) However …” „… , where such an agent, when contracting with the third party on behalf of a business, represents itself to …”

Eckart J. Brödermann Article 2.2.3 (Agency disclosed) S. 527

„… known’-case). (iv) Payment to the agent may not discharge the third party’s liabilities to the principal. C …” „… (Agency disclosed) (1) Where an agent acts within the scope of its authority and the third party knew or …” „… the legal relations between the principal and the third party and no legal relation is created between …”

Eckart J. Brödermann Article 2.2.10 (Termination of authority) S. 534

„… ), such termination is not the third party’s 3 This is a practice sometimes observed in Germany when …” „… performance. It can even stem from some unequivocal action towards a third party (e.g. instruction of a bank …” „… period of time for ratification”9 (para. 2). B. Escape Clause for the Third Party Para. 3 provides a …”

Raimond Emde Article 10 S. 1281

„… , according to his agreement with the third party, have executed the transaction; or (c) the third party has …” „… executed the transaction. 2. The commission shall become due at the latest when the third party has …” „… that the commission claim arises under both provisions if the third party has executed the transaction …”

Peter Mankowski Article 87 CISG S. 398-399

„… must be a third party’s one. A ‚third person‘ must be legally and economically independent from the …” „… permission to the party bound to preserve the goods to deposit them in the warehouse of third person at the …” „… . 85 (or 86) in conjunction with → Art. 77 CISG if depositing with a third party is the only chance for …”

Tim W. Dornis Article 79 CISG S. 367-376

„… consequences. (2) If the party’s failure is due to the failure by a third person whom he has engaged to perform …” „… whole or a part of the contract. It will not suffice that the third party’s conduct is somehow related …” „… respect to independent third-party activities. Paragraph 3 provides for a temporal limitation for the …”

Eckart J. Brödermann Article 2.2.7 (Conflict of interests) S. 531

„… third party, but only in damages.4 B. Defences The agent can defend itself5 (i) by procuring a …” „… might remain liable for costs incurred by the third party to enforce the apparent authority argument …” „… against the principal),6 (iii) by raising the issue that the third party knew or ought to have known about …”

Eckart J. Brödermann Article 9.3.3 (Requirement of consent of the other party) S. 753-754

„… Eckart J. Brödermann 753 1 1 transferred and thereby the third party affected by the assignment of …” „… detriment of a third party.3 Therefore the affected third party must have the last word. B. Modalities of …” „… obligations, an agreement on third party performance pursuant to Art. 9.2.6 (‘unless the obligation in the …”

Eckart J. Brödermann Article 2.2.5 (Agent acting without or exceeding its authority) S. 529

„… third party. (2) However, where the principal causes the third party reasonably to believe that the …” „… that authority, the principal may not invoke against the third party the lack of authority of the agent …” „… third party to rely on the agent’s authority in ‘reasonable belief ’ (apparent authority),6 while the …”

Eckart J. Brödermann Article 3.2.6 (Threat) S. 544-545

„… including duties of restitution.18 Avoidance as a result of a threat by a third party is covered by Art …” „… (by a party or even a third person under the circumstances covered in Art. 3.2.8)9 needs to be …” „… result of a threat by a third party is regulated in Art. 3.2.8.23 Irrespective of avoidance (Art. 3.2.16 …”

Eckart J. Brödermann Article 9.3.1 (Definitions) S. 751-752

„… third party (i) Pursuant to para. 2 (1st limb) the decision of the obligee to (wholly or partially …” „… third party.11 (ii) Pursuant to para. 2 (2d limb) the security can be maintained with the consent of the …” „… third party (and the obligee may be well advised to make its declaration discharging the initial obligor …”

Peter Mankowski Article 8 CISG S. 42-46

„… expressed and even if a reasonable third party gathered a different understanding. The maxim falsa …” „… party and any party of the sales contract). Independent third parties (whose conduct cannot be …” „… that this party’s intent can carry interpretation only sofar as the other party knew or could not have …”

Peter Csoklich Article 16 S. 935-937

„… , entrust them to a third party, and in that case he shall not be under any liability except for the …” „… exercise of reasonable care in the choice of such third party. The charges due under the consignment note …” „… third party. Thus follows that the carrier is not entitled to abandon the goods but is obliged to store …”

Eckart J. Brödermann Article 2.2.9 (Ratification) S. 533

„… potential liability of the sub-agent toward the third party under Art. 2.2.6, the question is “whether the …” „… sub-agent has contracted with the third party as sub-agent, referring to the appointing agent’s authority …” „… , or whether it appeared to the third party as the principal’s agent.”12 Article 2.2.9 (Ratification …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… et seqq., 7, 22 2 – by third party CISG 19 12 – calulation of period for acceptance CISG 20 4 …” „… injuries CISG 74 6 – prix currant CISG 76 3 – substitute transaction CISG 75 1, 77 7 – third-party …” „… UNIDROIT 11.1.8 1 – imputation of payments UNIDROIT 6.1.12 1 – revocation of third party rights UNIDROIT …”

Eckart J. Brödermann Article 10.1 (Scope of the Chapter) S. 761-764

„… (ii)). Securities given by a Third Party (i) Pursuant to 9.2.8(2) (1st limb), the decision of the …” „… security ‘granted by any person other than the new obligor’ and therefore usually by a third party.17 (ii …” „… . usually a third party] person’.18 If the other party wishes that such a security remains in place, it may …”

Eckart J. Brödermann Article 5.2.5 (Revocation) S. 589

„… sentence 2 2d and also 3d possibility in light of Art. 5.2.5). Prior to accepting a third party right …” „… )), reasonable action of the beneficiary in reliance on the third party right (e.g. a subcontractor as …” „… claims from another relationship).3 The exclusion of such personal defences in a three-party-scenario can …”

Christoph Brunner, Michael Schifferli Article 38 CISG S. 200-204

„… third-party claims Art. 38 CISG Christoph Brunner and Michael Schifferli 201 1 2 3 II. Period for …” „… himself needs the goods at a different location, or whether he has sold them to a third party does not …” „… . 62. Section II Conformity of the goods and third-party claims Art. 38 CISG Christoph Brunner and …”

Erik Evtimov, Tatyana Payosova Article 41 Other actions S. 1170

„… against the owner of the goods, otherwise the latter could still appeal to a third party as formal …” „… . The extra-contractual proceeding is still possible based on national law in the case of third party …” „… 41 of the CIM UR is to limit extra-contractual proceedings, including those of third parties, and to …”

Erik Evtimov, Tatyana Payosova Article 42 Ascertainment of partial loss or damage S. 1170

Erik Evtimov, Tetyana Payosova Article 26 Basis of liability S. 1104-1105

„… ; c) if the accident is due to the behaviour of a third party which the carrier, in spite of having …” „… as a third party; the right of recourse shall not be affected. Article 26 § 2 of the CIV UR is one of …” „… consequences of which was unable to prevent. If the accident is due to the behaviour of a third party and if …”

Eckart J. Brödermann Article 10.7 (Alternative dispute resolution) S. 777-778

„… (ii) a third party becomes involved (which is distinct from bilateral negotiations;8 → Art. 10.5 no. 5 …” „… dispute (which is distinct from a decision by the third party).9 B. Legal Consequence: Application of …” „… proceedings and request the conciliating or mediating third party to make a binding proposal, possibly within …”

Eckart J. Brödermann Article 5.2.3 (Exclusion and limitation clauses) S. 588

„… beneficiary. A. Function of Arts. 5.2.3-5.2.5 While Arts. 5.2.1–5.2.2 cope with the creation of a third party …” „… . 5.2.1 permits also ’implied’ third party rights, whereby it is difficult to imagine ‘implied conditions …” „… ’ to such third party right which would require a beneficiary to supply sth. and thereby entailing a …”

Eckart J. Brödermann Article 5.2.4 (Defences) S. 588

Eckart J. Brödermann Article 2.1.14 (Contract with terms deliberately left open) S. 512-514

„… agreement on the term; (b) the party who is to determine the term does not do so; or (c) the third person …” „… by one of the parties or by a third person does not prevent a contract from coming into existence. (2 …” „… price has been agreed.2 If, in such cases, the parties start to perform3 the agreed parts or one party …”

Eckart J. Brödermann Article 2.2.6 (Liability of agent acting without or exceeding its authority) S. 530

„… of interpretation [Arts. 4.2-4.3] of the principal’s conduct), (iii) in case that the third party …” „… to act for the company.19 As long as the registration continues, a third party may rely on such …” „… , failing ratification by the principal, liable for damages that will place the third party in the same …”

Peter Mankowski Article 4 CISG S. 28-30

„… applies even in the advent of a contract for the benefit of such third party beneficiary who has not …” „… is not a third party anymore.4 II. Specific explications The second sentence contains two very …” „… might stipulate in favour of third party beneficiaries. The CISG does not take issue with that (and even …”

Christoph Brunner, Michael Schifferli Article 35 CISG S. 190-196

„… Section II Conformity of the goods and third-party claims Article 35 CISG 1. The seller must …” „… EC-certificate). Section II Conformity of the goods and third-party claims Art. 35 CISG Christoph Brunner and …” „… third-party claims Art. 35 CISG Christoph Brunner and Michael Schifferli 193 12 13 14 15 Where the contract …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… definite if it is to be determined by one contractual party alone, jointly by the parties, or by a third …” „… Goods (Matthew Bender, 1984) 7-1, 7-13 (either party by agreement); Eörsi, Art. 14 para. 2.2.4.3 (third …” „… party determination); Mankowski, Art. 14 para. 49 (third party determination). Contra Anton K. Schnyder …”

Lisa Spagnolo Article 23 CISG S. 114-115

„… the party relying upon it. III. Contracts requiring third party consent or approval A particular …” „… third party being obtained. If the requirement is imposed by the parties’ agreement, interpretation of …” „… applicable domestic law: Art. 4(a). IV. Third party determinations Where the contract anticipates third …”

Eckart J. Brödermann Article 9.2.5 (Discharge of original obligor) S. 745-746

„… and the new obligor are jointly and severally liable. A. Options for the Affected Third Party …” „… of the assignee1 often without the consent of the affected third party (the obligor) (→ Art. 9.1.7(2 …” „… )), the transfer of an obligation under the UNIDROIT Principles leaves the affected third party to the …”

Wolf Müller-Rostin Article 36 Successive Carriage S. 1234

„… third-party claimant? Courts have long held that the two-year limitation period under Article 29 of the Warsaw …” „… Convention was also applicable to third party actions for contribution and indemnity brought against the air …” „… third-party claims for contribution and indemnity were barred by the two-year statute of limitation under …”

Eckart J. Brödermann Article 5.1.8 (Termination of a contract for an indefinite period) S. 582-583

„… price determination to be reasonable) to appoint another third party to make an alternative …” „… , or (bb) an umpire third party (appointed by a pre-determined institution) shall make the price …” „… UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 582 Eckart J. Brödermann 1 2 the parties …”

Eckart J. Brödermann Article 9.1.5 (Future rights) S. 721-723

„… the assignee are free to negotiate a consent with the obligor. If the third party which is protected …” „… . 15 (with critical remarks: crucial for the third party in the event of the supervening insolvency of …” „… For example, in Germany, there is statutory law which permits third party creditors, under certain …”

Tim W. Dornis Article 74 CISG S. 339-348

„… incurred in litigation with third parties (e.g., the party’s own customers, suppliers), these costs can be …” „… , the Convention does not provide for the compensation of third-party beneficiaries.11 Hence, unless …” „… third-party losses that seem to have been shifted by mere coincidence.12 Such issues must be dealt with under …”

Christoph Brunner, Michael Schifferli Article 39 CISG S. 205-211

„… 6) Art. 38 para. 16. Section II Conformity of the goods and third-party claims Art. 39 CISG …” „… ) para. 13; Brunner/Marti-Schreier (n 2) para. 10. Section II Conformity of the goods and third-party …” „… goods and third-party claims Art. 39 CISG Christoph Brunner and Michael Schifferli 209 14 15 16 17 …”

Raimond Emde Article 7 S. 1277-1278

„… transaction is concluded with a third party whom he has previously acquired as a customer for transactions of …” „… between the principal and the third party, or the commercial agent having previously acquired the third …” „… party as a customer for transactions of the same kind. On the question which standard has to be applied …”

Stefan Kröll Article 2 Definitions S. 1422-1426

„… ” or “third party documents acceptable” which are not defined in the UCP 600 but which are – contrary …” „… bank. Applicant means the party on whose request the credit is issued. Banking day means a day on which …” „… . Beneficiary means the party in whose favour a credit is issued. Complying presentation means a presentation …”

Christoph Brunner, Michael Schifferli Article 36 CISG S. 197-198

„… commentary. 6 Kröll (n 1) para. 5. Section II Conformity of the goods and third-party claims Art. 36 CISG …” „… , for example due to the buyer’s tampering with the goods, third party conduct or force majeure. A …” „… similar clauses.6 Lacking agreement in the party’s contract, the passing of risk is determined by party or …”

Wolf Müller-Rostin Article 38 Combined Carriage S. 1236

„… carrier’s servants and agents, by an actual carrier or by a third party pursuant to Article 21 paragraph 2 b …” „… or even full recourse against a third negligent party, as is the case in many states of the United …” „… that the carrier may be held liable for damages caused or contributed by third parties, namely by the …”

Eckart J. Brödermann Article 4.6 (Contra proferentem rule) S. 568

„… drafter or supplier), even of a clause pre-drafted by a third party,7 is preferable.8 The rule in Art. 4.6 …” „… agree to start their contract negotiation on the basis of a draft of a third party (e.g. a neutral …” „… Article 4.6 (Contra proferentem rule) If contract terms supplied by one party are unclear, an …”

Eckart J. Brödermann Article 4.7 (Linguistic discrepancies) S. 568

Eckart J. Brödermann Article 6.1.1 (Time of performance) S. 596-597

„… point in time by a third party, Art. 1.1 – and similar to the rule on price determination by a third …” „… Article 6.1.1 (Time of performance) A party must perform its obligations: (a) if a time is fixed by or …” „… contract, at any time within that period unless circumstances indicate that the other party is to choose a …”

Peter Mankowski Article 83 CISG S. 387

„… distinguishing than might be evident on first blush. The buyer’s opportunity to sell to a third party might have …” „… , to a third party despite the non-conformity of the goods and does the rebuyer not avoid the contract …” „… prevails in the relation between seller and buyer.30 Letting to third parties is not selling to third …”

Klaus Ramming Article 13 Bill of lading S. 1030-1032

„… . If the bill of lading has been transferred to a third party, including the consignee, who has acted …” „… only applicable if the bill of lading has been transferred to a third party, i.e. a party other than …” „… the shipper. Further, the third party transferee must have acted in good faith and assumed that the …”

Eckart J. Brödermann Article 5.3.1 (Types of condition) S. 590-591

„… them (e.g. the promisee) can unilaterally revoke the right of the third party until it is vested.13 …” „… Vogenauer/Vogenauer Art. 5.2.6 no. 6. Art. 5.3.1 UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 590 …” „… non-occurrence)10 of an event, e.g. the act of a third party (e.g. the granting of a credit;11 board approval)12 …”

Titelei/Inhaltsverzeichnis S. I-XLVI

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Section II Conformity of the goods and third-party claims Article 35 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 4.8 569 Chapter 5 Content, Third Party Rights and Conditions Section 1 Content Express and implied …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 5.1.9 584 Section 2 Third Party Rights Contracts in favour of third parties …”

Eckart J. Brödermann Article 3.2.2 (Relevant mistake) S. 540-541

„… normal advertisement – even if made innocently),9 but not by a third party (→ Art. 3.2.8(1)); (iii …” „… distinct from imputation of a mistake attributable to a third party, see → Art. 3.2.8(1)); as noted by …” „… Article 3.2.2 (Relevant mistake) (1) A party may only avoid the contract for mistake if, when the …”

Marco Torsello Article 30 CISG S. 156-162

„… contract products over to the buyer, or to a third party entitled to take delivery on behalf of the buyer …” „… , and, given certain circumstances, can do so even if the goods are sold to a third party, or seized on …” „… reasonably26 (cf. → Art. 8(2) CISG) justifies the other party’s reliance on the non-application of their “no …”

Eckart J. Brödermann Article 3.2.7 (Gross disparity) S. 546-547

„… right to avoidance if the other party (or possibly a third person from its sphere, Art. 3.2.8) has taken …” „… as a result of an excessive advantage of a third party is regulated in Art. 3.2.8. Irrespective of …” „… party has taken unfair advantage of the first party’s dependence, economic distress or urgent needs, or …”

Tim W. Dornis Article 67 CISG S. 303-308

„… the side of the third-party forwarder must be considered irrelevant; it suffices that the seller has …” „… buyers must be rejected.27 Whether one prefers to rely on the doctrinal prohibition of third-party …” „… respective party’s place of business. In these cases, which are governed by the general rule in → Art. 69, it …”

Eckart J. Brödermann Article 9.2.7 (Defences and rights of set-off) S. 748-749

„… are met, any third party can be chosen. Art. 9.2.6 therefore permits subcontracting and even double …” „… the obligation by agreement (Art. 1.5) or otherwise restricted third party performance, e.g. by a …” „… the oblige, or by a change of control clause; (iii) in case that third party performance would …”

Wolf Müller-Rostin Article 51 Carriage Performed in Extraordinary Circumstances S. 1242

„… , and accidental damage to baggage and cargo and third parties (third-party liability, which is not …” „… place of business in a State Party or operate under the law of said State Party.1 Thus the term can also …” „… enables a State Party to require a carrier operating into its territory to furnish evidence of adequate …”

Eckart J. Brödermann Article 2.2.2 (Establishment and scope of the authority of the agent) S. 526

„… the two”2 (e.g. oral communication by the principal jointly to the third party and the agent).3 It …” „… communication to a third party can only found apparent authority, Art. 2.2.5(2)). 4 Vogenauer/Krebs Art. 2.2.2 …” „… reasonable person of the same kind as the other party would give to it in the same circumstances’, Art. 4.2(1 …”

Peter Mankowski Article 86 CISG S. 395-397

„… third party alleging any right to the goods.10 II. Entitlement to reimbursement and right to retain, (1 …” „… .21 In the drop ship or third party business the buyer’s buyer is not attributed to the buyer since …” „… goods to third parties (e.g. under → Art. 88) or where the goods are lost.7 These three instances have …”

Wolf Müller-Rostin Article 13 Delivery of Cargo S. 1196

„… that since the contract of carriage is a contract for the benefit of a third party under the Convention …” „… , the consignee as such third party beneficiary shall be entitled to seek compensation for other …” „… consignor without requiring the production of the third part of the air waybill to the carrier (or the cargo …”

Eckart J. Brödermann Article 11.1.11 (Rights of the obligee) S. 806-807

„… addressed; or (bb) in some circumstances also if they have been provided by a third party; if interpretation …” „… was given by a third party, interpretation is required:14 If it was provided “for the individual …” „… obligor who wishes to rely on subrogated rights, in particular in a formal proceeding with a third party …”

Eckart J. Brödermann Article 5.2.6 (Renunciation) S. 590

„… them (e.g. the promisee) can unilaterally revoke the right of the third party until it is vested.13 …” „… Vogenauer/Vogenauer Art. 5.2.6 no. 6. Art. 5.3.1 UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 590 …” „… advisable to avoid performance and to minimise unjust enrichment risks.7 Either party would usually be …”

Stefan Kröll Article 15 Complying Presentation S. 1456

„… banks had refused documents because a third party had been named as shipper or consigner in the …” „… transport documents. That led to a practice that credits explicitly allowed for “third party documents …” „… part of the consignee or notify party details of a transport document subject to Articles [19–25]”. In …”

Tim W. Dornis Article 69 CISG S. 312-316

„… place that is neither the seller’s nor the buyer’s place of business (e.g., a third-party fabrication …” „… disposal requires that the third party in custody of the storage facility actually acknowledge the buyer as …” „… third party.24 The buyer must be aware of the fact that the goods have been placed at her disposal.25 …”

Eckart J. Brödermann Article 7.3.4 (Adequate assurance of due performance) S. 665-666

„… performance “as it is due”17 (but not more)18 (e.g. to rebut a statement of a third party alleging that the …” „… , a guarantee of a third party.21 The obligor may choose between different measures which are “equally …” „… all circumstances).19 Article 7.3.4 (Adequate assurance of due performance) A party who reasonably …”

Eckart J. Brödermann Article 3.2.1 (Definition of mistake) S. 538-539

„… ground for avoidance is imputable to a third party (as more closely defined in Art. 3.2.8). B. Limits By …” „… ‘negative’ interest.16 Avoidance as a result of a mistake by a third party is covered by Art. 3.2.8. 2 …” „… )2 both in fact (e.g. on quality or a party’s 1. 2. 3 Vogenauer/du Plessis Art. 3.1.4. no. 7. 4 …”

Gilles Cuniberti Article 21 Duration of registration S. 1385

„… party,2 who will provide the appropriate data and pay the fees. The other party will then be informed …” „… will be pending during that time and will only be searchable by third parties when all required parties …” „… considered complete when the registry can be searched by third parties. The time of registration is thus not …”

Peter Mankowski Article 84 CISG S. 388-391

„… selling the goods to a third party (commodum ex negotiatione cum re). This relates to the effectively …” „… or goods. Neither party shall profit at the other’s expense and thus has to put the other party in …” „… the position which the other party would have had if the exchange of performances had never happened.1 …”

Peter Mankowski Article 1 CISG S. 11-19

„… unlikely event that a sales contract is made out as a contract for a third party’s benefit. If an agent …” „… of the other party could all prove detrimental to the first party’s allegation. Whether the list as …” „… information disclosed feature in it. A positive indication that the other party’s place of business is in …”

Eckart J. Brödermann Article 8.1 (Conditions of set-off) S. 698-705

„… obligor may pay the debt of the obligee towards a third party and thereby acquire a right against its …” „… perform its obligation; (b) the other party’s obligation is ascertained as to its existence and amount and …” „… first party’s obligation is of a ‘non-binding’ (‘natural’) nature).46 Three observations: (i) If the …”

Klaus Ramming Article 7 Dangerous and polluting goods S. 1013-1015

„… third party interests. II. Information on the goods Article 7.1 requires the shipper (see → Art. 1.4 …” „… delivery to any other third party who thereby becomes the consignee of the goods) or disposed of. IV …” „… any other third party. Likewise, the goods may become a hazard for the environment. The carrier …”

Marco Torsello Article 31 CISG S. 163-174

„… directly to the buyer (so called “third-party deal”, or “drop shipping”), unless (and until) the third …” „… performed by a third party (such as the manufacturer of the goods, an assembler, service provider, trader …” „… , supplier, or another third party).18 On the other hand, the rule under Article 31(a) applies in the event …”

Eckart J. Brödermann Article 2.1.3 (Withdrawal of offer) S. 502

„… tion of (even essential) terms to one of the parties or to a third party. If the open term is price …” „… , they are bound pursuant to Art. 5.1.7. The omission of the third party to determine the missing term as …”

Eckart J. Brödermann Article 2.1.4 (Revocation of offer) S. 502

Erik Evtimov, Tatyana Payosova Article 22 Consequences of circumstances preventing carriage and delivery S. 1154

„… a third party, and shall then be responsible only for the exercise of reasonable care in the choice …” „… of such third party. The charges due under the contract of carriage and all other costs shall remain …”

Wolf Müller-Rostin Article 14 Enforcement of the Rights of Consignor and Consignee S. 1197

„… damages that are actually sustained by a third party. II. Concurrent claims by consignor and consignee …” „… discussion see → Art. 18,23. Article 15 Relations of Consignor and Consignee or Mutual Relations of Third …” „… with each other or the mutual relations of third parties whose rights are derived either from the …”

Wolf Müller-Rostin Article 15 Relations of Consignor and Consignee or Mutual Relations of Third Parties S. 1197

Raimond Emde Article 11 S. 1282

„… commission claim must necessarily arise on the date on which the third party should have executed “his part …” „… established that the contract between the third party and the principal will not be executed, and – that face …”

Raimond Emde Article 12 S. 1282

Eckart J. Brödermann Article 2.2.1 (Scope of the Section) S. 525

„… another person (“the principal”) by or with respect to a contract with a third party, whether the agent …” „… principal or the agent on the one hand, and the third party on the other. (3) It does not govern an agent’s …”

Raimond Emde Article 8 S. 1279

„… conditions mentioned in Article 7, the order of the third party reached the principal or the commercial agent …” „… with the conditions mentioned in Article 7, the order of the third party reached either the principal …”

Peter Mankowski Article 5 CISG S. 31-32

„… from the seller for damages the seller had had to pay to a third party due to personal injury caused by …” „… the goods to that third party.2 It is not decisive that the damage suffered by the buyer himself is …” „… principle that the burden of proof is on the party who alleges a certain fact.25 Article 5 CISG This …”

Lisa Spagnolo Article 17 CISG S. 79-80

„… . Thus mere sale of the goods to a third party is insufficient, yet notice reaching the offeror that the …” „… offeree has sold the goods to a third party will constitute rejection.11 It is irrelevant that the offeror …” „… proof concerning effect and timing of rejection lies with the party alleging an offer was rejected.1 …”

Peter Mankowski Article 3 S. 427-428

„… one of the parties has its place of business in a Third State does not automatically render the …” „… place of business in a Third State.4 Un- 4 Sumulong, ‘International Trade Law and the United Nations …” „… the PIL of Third States. If the PIL of the forum declares the substantive law of a Third State …”

Martin Schauer, Magdalena Gruber Article 7 Unfair contractual terms and practices S. 1342-1349

„… expressed within the contract) – Pay-when-paid third party insolvency – the SME is asked to bear the …” „… financial brunt of a third party upstream becoming insolvent, when the SME has no visibility upstream to …” „… contractually. Factual conduct can indeed be unfair to a contracting party; however, this behaviour cannot be …”

Stefan Kröll Article 19 Transport Document Covering at Least Two Different Modes of Transport S. 1469-1473

„… ”. Such statements are an important assurance by an independent third party that the seller has dispatched …” „… third party. To what extent the goods must be described in the document at least in general terms not …” „… examined. vi. contain no indication that it is subject to a charter party. b. For the purpose of this …”

Tim W. Dornis Article 75 CISG S. 349-352

„… delivery and thus manufactures the goods to be sold to her third-party customers herself, the costs of …” „… party’s expectation interest.9 Accordingly, the rental of substitute goods or the mere disposal of rotten …” „… the seller has resold the goods, the party claiming damages may recover the difference between the …”

Klaus Ramming Article 18 Special exonerations from liability S. 1042-1044

„… the shipper,2 the consignee or any third party acting on behalf of either (Article 18.1 [b]). The …” „… , stowage or discharge of the goods by the shipper, the consignee or third parties acting on behalf of the …” „… of the carrier 1042 Klaus Ramming 4 not apply if the injured party proves that the loss suffered does …”

Peter Mankowski Article 85 CISG S. 392-394

„… third parties must be in the normal course of business protects the seller against the buyer on …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 The party who is in possession of the goods and thus in a real position to preserve them, has to …” „… least an entitlement to give orders to third parties with whom he has contracted like warehouses or …”

Eckart J. Brödermann Article 9.2.1 (Modes of transfer) S. 741-742

„… original obligor to the obligee. The original obligor is a third party beneficiary.14 According to the …” „… original obligor can still “agree with another person that this third person will perform the obligation …” „… intention of the oblige (i.e. the original obligor’s contracting party) the original obligor does not need …”

Petra Butler Introduction to Articles 45–65 CISG S. 232-237

„… third party claims to the goods, or deliver substitute goods. However, the seller has to do this without …” „… if the non-performance is beyond the party’s control and was unforeseeable, unavoidable, and cannot …” „… the remedies available to the parties under the CISG in the event that the other party does not …”

Eckart J. Brödermann Article 7.1.7 (Force majeure) S. 641-645

„… Art. 7.1.7 no. 32 (unless the third party was imposed by the obligee, Art. 7.1.2). 22 …” „… , p. 5, 16 (“the financial health is always within a contracting party’s control”) with regard to …” „… 7.1.7 (Force majeure) (1) Non-performance by a party is excused if that party proves that the …”

Peter Mankowski Article 89 CISG S. 404

„… on the currency in which the selling party received the proceeds from the third party buyer.47 The …” „… between the parties of the original sales contract. The party bound to preserve the goods may only keep …” „… emergency sale; the remainder is for the other party. The reasonableness of expenses for preservatory steps …”

Eckart J. Brödermann Article 9.3.5 (Discharge of the assignor) S. 756

„… third party (whose business and risk exposure is affected) has the last word on the validity of the …” „… party is informed (either by a notice – Art. 1.10 – or by an acknowledgement). D. Option An advance …” „… Art. 9.3.5. Article 9.3.5 (Discharge of the assignor) (1) The other party may discharge the assignor …”

Erik Evtimov, Tetyana Payosova Article 32 Liability in case of cancellation, late running of trains or missed connections S. 1108-1109

„… the part of the passenger or c) the behaviour of a third party which the carrier, in spite of having …” „… not be considered as a third party; the right of recourse shall not be affected. The grounds for …”

Raimond Emde Article 15 S. 1284-1285

„… of the parties to the agency contract that each party shall be entitled to receive from the other on …” „… party may terminate it by notice. 2. The period of notice shall be one month for the first year of the …” „… contract, two months for the second year commenced, and three months for the third year commenced and …”

Eckart J. Brödermann Article 9.1.11 (Successive assignments) S. 731-732

„… C. No Option As Art. 9.1.10 protects the obligor and thereby a third party to the assignment …” „… notices under Art. 9.1.12). (ii) Designed to protect the obligor as a third party to the assignment …”

Petra Butler Article 45 CISG S. 238

„… (Arts. 30 and 35) which are free from any right or claim of a third party (Art. 41); – to transfer the …” „… proof:37 1. any party which wants to derive beneficial legal consequences from a legal provision has to …” „… prove the existence of the factual prerequisites of that provision; 2. any party claiming an exception …”

Eckart J. Brödermann Article 9.1.13 (Defences and rights of set-off) S. 734-737

„… wrong pretention of the pretending ‘assignee’ – a third party to the main agreement – is not …” „… ) Designed to protect the obligor as a third party to the assignment agreement, the assignor and the assignee …” „… . 9.1.13 no. 26 (referring to ‘other party’ which is the party defending itself against the set-off). 40 …”

Eckart J. Brödermann Article 3.2.5 (Fraud) S. 543

„… the contract by the other party’s fraudulent representation, including language or practices, or …” „… to the party’s own performance?;11 1 Vogenauer/Huber Art. 3.2.4 no. 4. 2 Vogenauer/Huber Art. 3.2.4 …” „… chapter 7 and not chapter 3.6 However, in rare cases the mistaken party may be entitled to damages under …”

Eckart J. Brödermann Article 3.2.3 (Error in expression or transmission) S. 542

„… Art. 3.2.1 (and protects the mistaken party even with respect to mistakes in expression of third …” „… . 3.2.2(2)(a) (gross negligence) or (b) (e.g. if the mistaken party ought to have known about the …” „… (no risk allocation to one party under Art. 3.2.2(2)(b)).12 Article 3.2.4 (Remedies for …”

Eckart J. Brödermann Article 3.2.4 (Remedies for non-performance) S. 542

Eckart J. Brödermann Article 6.1.11 (Costs of performance) S. 612

„… . 6.1.11 no. 8 for an agreed ‘third’ place of performance, at neither party’s place of business. 3 …” „… . 7.4.12).6 Article 6.1.11 (Costs of performance) Each party shall bear the costs of performance of its …” „… obligations. Each Party Bears its Own Costs as a Default Rule Unless otherwise agreed (Arts. 1.1, 1.3, 1.5 …”

Eckart J. Brödermann Article 3.2.12 (Time limits) S. 551-552

„… justifiable reliance by the other party or by third persons; (c) the extent to which the ground for avoidance …” „… Article 3.2.11 (Notice of avoidance) The right of a party to avoid the contract is exercised by …” „… notice to the other party. A. Avoiding a Cultural Clash As the approach to avoidance varies (e.g. the …”

Article 37 Revision of the amounts for limitation of liability and unit of account S. 1072-1073

„… Article 35 Denunciation 1. This Convention may be denounced by a State Party on the expiration of a …” „… 36 Review and amendment At the request of not less than one third of the Contracting States to this …” „… referred to in paragraph 1. 4. The amendments shall be adopted by a majority of two thirds of the …”

Article 35 Denunciation S. 1072

Article 36 Review and amendment S. 1072

Peter Mankowski Article 19 S. 444

„… third-party proceedings against the seller in the proceedings between the sub-purchaser and himself (provided …” „… split into such three party-relations. In order to keep minimum fairness as such against the man in the …” „… appropriate. (3) replaces any remainder on the clock as to the claim against a party jointly and severally …”

Christoph Brunner, Michael Schifferli Article 44 CISG S. 229-231

„… goods and third-party claims Art. 44 CISG Christoph Brunner and Michael Schifferli 229 11 1 2 II …” „… of the goods and third-party claims Art. 44 CISG Christoph Brunner and Michael Schifferli 231 6 7 8 …”

Christoph Brunner, Michael Schifferli Article 37 CISG S. 199

„… ; Brunner/Igbokwe (n 1) para. 6. Section II Conformity of the goods and third-party claims Art. 37 CISG Christoph …” „… . Third, the seller’s cure must not cause the buyer unreasonable inconvenience or cost. While the cost for …”

Tim W. Dornis Article 71 CISG S. 319-326

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Non-performance of a substantial part of the other party’s obligations . . . 10 3. Grounds for …” „… Non-performance of a substantial part of the other party’s obligations The right of suspension and the right to …” „… concerns a ‘serious deficiency’ in the other party’s ‘creditworthiness’. This concerns cases of insolvency …”

Eckart J. Brödermann Article 5.3.3 (Interference with conditions) S. 593-594

„… Content, Third Party Rights and Conditions 594 Eckart J. Brödermann 1 2 …” „… fulfilment),6 is not automatic. The innocent party’s preference is a circumstance to consider,7 as well as …” „… prevented by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that …”

Eckart J. Brödermann Article 11.1.6 (Effect of release or settlement) S. 795-797

„… the waiver has no effect under the ‘no contract to the detriment of a third party’-principle, and who …” „… can conclude a contract to the detriment of a third party – here: by imposing a higher contributory …”

Raimond Emde Article 18 S. 1296-1298

„… received a cash payment for the accession of the third party and the assignment of his customer base and …” „… circumstances attributable to the principal, or, third, where, with the agreement of the principal, the …” „… legal concept that leads to a complete replacement of the party of the commercial agent. Whether this …”

Eckart J. Brödermann Article 9.1.15 (Undertakings of the assignor) S. 740

„… a third party; (d) the obligor does not have any defences; (e) neither the obligor nor the assignor …” „… issues of ”no prior assignments” (unless disclosed)7 and ”no other rights or claims from third parties”;8 …”

Stefan Kröll Introduction S. 1416-1419

„… security for the beneficiary that payment will be effected by a solvent third party, usually a bank, upon …” „… presentation of complying documents. At the same time the applicant or account party is ensured that payment …” „… will only be made upon receipt of documents evidencing performance of the contract by the other party …”

Eckart J. Brödermann Article 5.1.9 (Release by agreement) S. 584

„… . 5.1.9 no. 14. Art. 5.1.9 UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 584 Eckart J …” „… provides a service which is essential for the first party’s business) they may like to mitigate the effect …” „… indefinite period of time under all circumstances. (iii) In some circumstances (e.g. when the other party …”

Eckart J. Brödermann Article 2.1.19 (Contracting under standard terms) S. 520-521

„… to Arts. 2.1.19 no. 2, 4 (underlining that it is not enough if a third party [e.g. the user’s lawyer …” „… under the circumstances). Article 2.1.19 (Contracting under standard terms) (1) Where one party or both …” „… repeated use by one party and which are actually used without negotiation with the other party. A. A …”

Eckart J. Brödermann Article 5.1.3 (Co-operation between the parties) S. 573-574

„… , Third Party Rights and Conditions 574 Eckart J. Brödermann 2 3 4 …” „… expected for the performance of that party’s obligations. A. Consequence of a ’Common Project’ The …” „… cure non-performance under Art. 7.1.411 and generally not to obstruct the other party’s efforts to …”

Eckart J. Brödermann Article 5.1.4 (Duty to achieve a specific result. Duty of best efforts) S. 575-576

„… ). 12 Official Comments, Art. 5.1.4 no. 3, p. 157. Art. 5.1.4 UNIDROIT Chapter 5 Content, Third Party …” „… specific result. Duty of best efforts) (1) To the extent that an obligation of a party involves a duty to …” „… achieve a specific result, that party is bound to achieve that result. (2) To the extent that an …”

Peter Mankowski Article 1 S. 422-424

„… particular time-limit within which one party is required, as a condition for the acquisition or exercise of …” „… his claim, to give notice to the other party or perform any act other than the institution of legal …” „… proceedings. (3) In this Convention: a) “buyer”, “seller” and “party” mean persons who buy or sell, or agree …”

Eckart J. Brödermann Article 5.1.6 (Determination of quality of performance) S. 577-578

„… , Third Party Rights and Conditions 578 Eckart J. Brödermann 2 3 4 …” „… (Determination of kind of duty involved) In determining the extent to which an obligation of a party involves a …” „… in achieving the expected result; (d) the ability of the other party to influence the performance of …”

Sebastian Omlor Article 26 CISG S. 143-145

„… usually constitutes a fundamental breach, too. Third, if the seller does not provide documents that are …” „… CISG A declaration of avoidance of the contract is effective only if made by notice to the other party …” „… facto without a statement of a party.1 By virtue of Art. 26 CISG, a declaration of avoidance is a …”

Eckart J. Brödermann Article 3.2.15 (Restitution) S. 554-556

„… either party may claim restitution of whatever it has supplied under the contract, or the part of it …” „… avoided, provided that the party concurrently makes restitution of whatever it has received under the …” „… other party. (4) Compensation may be claimed for expenses reasonably required to preserve or maintain …”

Peter Mankowski Article 2 S. 425-426

„… before or at the conclusion of the contract; c) where a party to a contract of sale of goods has places …” „… by the parties at the time of the conclusion of the contract; d) where a party does not have a place …” „… Third States suffice for the limited purposes of Art. 2. Only → Art. 3 specifically refers to …”

Raimond Emde Article 14 S. 1284

Eckart J. Brödermann Article 7.2.5 (Change of remedy) S. 655

„… Principles without any derogation from Art. 7.4.2 (Art. 1.5), have explicitly accepted that a third party …” „… ) An aggrieved party who has required performance of a non-monetary obligation and who has not received …”

Introduction Introduction LPC S. 418-421

„… , party autonomy is recognised only at too small a scale. Third, central concepts of the Convention do not …” „… third group of six States which are Contracting States of the original Limitation Convention and of the …” „… feature.18 A special case was posed by Yugoslavia:19 Yugoslavia became a party of the original Con- 9 …”

Peter Mankowski Article 88 CISG S. 400-403

„… cy to the first party to conclude the warehousing contract in the other party’s name and on the …” „… other party’s account.13 Entitlement to reimbursement and right to retain follow the lines charted in …” „… be reimbursed.14 The first party shall have no opportunity to act to the other party’s detriment by …”

Sebastian Omlor Article 27 CISG S. 146-149

„… notice of the buyer concerning the lack of conformity (→ Art. 39 CISG) or a third-party claim (→ Art. 43 …” „… accepts an uncertainty on the side of the party-in-breach in regard to whether the entitled party will or …” „… party-in-breach is not worthy of the protection granted by the “receipt principle”.2 This concept does not cover …”

Eckart J. Brödermann Article 7.4.2 (Full compensation) S. 676-678

„… ., Third Party) [2001] 1 AC 268, HL. See also Hondius, Ewoud, Coruption in Contract Law and Disgorgement of …” „… lawyer); further both (b) a ‘reduction in the aggrieved party’s assets’ (e.g. wasted expenditure)17 or (c …” „… ) provides a more specific rule for the compensation of additional costs due to a change of a party's place …”

Tim W. Dornis Article 77 CISG S. 356-359

„… issues of attribution of third-party conduct.7 Article 77 mirrors Article 88 of the ULIS.8 1 See, e.g …” „… breaching party’s conduct and the non-breaching party’s contribution to the damage that sufficient …” „… . It must be performed in the nonbreaching party’s own interest.6 Article 79(2) applies analogously to …”

Sebastian Omlor Article 29 CISG S. 153-155

„… the other party’s confidence in the validity of a non-written modification or termination 3. 1. 2. 11 …” „… to specific performance. Third, restrictions to specific performance arising out of the CISG itself …” „… modified or terminated by agreement. However, a party may be precluded by his conduct from asserting such a …”

Eckart J. Brödermann Article 7.4.3 (Certainty of harm) S. 679-680

„… in Art. 1.7(1), may act in its own interest)15 or a third party.16 Assessment at the Discretion of …” „… the profit which [the aggrieved party] might have made’).13 It has been convincingly suggested that it …” „… aggrieved party (where ‘more might be expected’),14 on the defendant (who, subject to the good faith limit …”

Eckart J. Brödermann Article 6.1.12 (Imputation of payments) S. 612-614

Wolf Müller-Rostin Article 1 Scope of Application S. 1184-1187

„… territories of two States Parties, or within the territory of a single State Party if there is an agreed …” „… stopping place within the territory of another State, even if that State is not a State Party. Carriage …” „… between two points within the territory of a single State Party without an agreed stopping place within …”

Tim W. Dornis Article 76 CISG S. 353-355

„… , is given in cases where the buyer uses goods from her own stock to cater to a third-party transaction …” „… transacting party’s extraordinary efforts or to a fortunate coincidence (‘windfall profit’).28 Relation to …” „… 75. The breaching party is already protected by the requirement of reasonability (see → para. 3 et …”

Peter Mankowski Article 3 CISG S. 24-27

„… . The other party’s interest in the single parts of the furnisher’s performance appears to be a …” „… respective party’s obligations. Ordinarily, after-sale services like monitoring and maintenance are only …” „… produced are to be considered sales unless the party who orders the goods undertakes to supply a …”

Gilles Cuniberti Article 5 Interpretation and applicable law S. 1371-1372

„… the International Registry and clear priorities, together with predictability and party autonomy”.3 …” „… might be useful in regions of the world where party autonomy is not well accepted, such as South America …” „… foreign State (which may be different and designate the law of a third State), but as a mere reference to …”

Christoph Brunner, Michael Schifferli Article 40 CISG S. 212-213

„… goods and third-party claims Art. 40 CISG Christoph Brunner and Michael Schifferli 213 4 5 6 …” „… contractual waiver of Art. 40: Many domestic legal systems forbid a party to exempt itself from the …”

Eckart J. Brödermann Article 10.4 (New limitation period by acknowledgement) S. 771-772

„… )), which requires communiation with the obligee (and not merely towards a third party).11 Distinctly …” „… use the readily available and agreed fast-track regime inducing the other party to rely on its …”

Eckart J. Brödermann Article 9.1.1 (Definitions) S. 715-717

„… ), 9.1.11 (successive assignments), 9.1.12 (proof of assignment). Otherwise,1 third party rights affected by …” „… . Brödermann 715 2 the assignor’s right to payment of a monetary sum or other performance from a third person …”

Tobias Eckardt Article 32 S. 972-973

„… , shall rest with the party relying upon these facts. The running of the period of limitation shall not be …” „… period may also apply to the carrier’s claim for remuneration.5 Extra-contractual claims of third parties …” „… , including fax13 and e-mail.14 Claimant The claim must be notified by a party able to bring the claim in its …”

Eckart J. Brödermann Article 6.1.7 (Payment by cheque or other instrument) S. 606-607

„… party changing its place of business is obliged to inform its contract partner (duty of cooperation …” „… the complexity of cross border (and often cashless) payment1 involving two- or three-party-relations.2 …” „… contributory action of the obligee by ‘pulling’ funds from the debtor’s bank or from a third person. After (i …”

Eckart J. Brödermann Article 10.2 (Limitation periods) S. 765-767

„… , transfer of debts or entire contracts, the winding-up of companies, or unclear third-party beneficiary …” „… the party to perform the act’ (→ Arts. 1.12(2), 6.1.6; e.g. if payment is due, i.e. the obligee’s …” „… circumstances, i.e. if a reasonable (internationally acting) party of the same kind in the same circumstances …”

Erik Evtimov, Tetyana Payosova Article 25 Applicable law S. 1104

„… ; c) if the accident is due to the behaviour of a third party which the carrier, in spite of having …”

Erik Evtimov, Tatyana Payosova Article 19 Exercise of the right to dispose of the goods S. 1152

„… but also reasonable (see Report to the outcomes of the 5th OTIF General Assembly). The third mandatory …” „… provides for the obligation to notify the interested party, by analogy with Article 12, paragraph 6 of the …”

Gilles Cuniberti Article 48 Regional Economic Integration Organisations S. 1409

„… paragraph. 3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States …” „… of the month following the expiration of three months after the date of the deposit of the third …”

Gilles Cuniberti Article 49 Entry into force S. 1409

Eckart J. Brödermann Article 9.2.2 (Exclusion) S. 743

„… lit. B. 1. below),2 (i) the transfer is ineffective,3 (ii) but ”an arrangement for a third party …”

Eckart J. Brödermann Article 9.2.3 (Requirement of obligee’s consent to transfer) S. 743

„… lit. B. 1. below),2 (i) the transfer is ineffective,3 (ii) but ”an arrangement for a third party …”

Article 25 CISG S. 130-142

„… .13 By the same token, a non-performance may be caused by a third party, that has been involved for …” „… the purchase price.66 Goods that are subject to third party claims (→ Art. 41, 42 CISG) follow the …” „… of the parties is fundamental if it results in such detriment to the other party as substantially to …”

Wolf Müller-Rostin Article 21 Compensation in Case of Death or Injury of Passengers S. 1216

„… solely due to the negligence or other wrongful act or omission of a third party. I. Overview Article 21 …”

Wolf Müller-Rostin Article 52 Definition of Days S. 1243

„… this Convention. A reference to a ‘State Party’ or ‘States Parties’ in this Convention, otherwise than …” „… . For the purpose of Article 24, the references to ‘a majority of the States Parties’ and ‘one-third of …”

Wolf Müller-Rostin Article 53 Signature, Ratification and Entry into Force S. 1243

Stefan Kröll Article 26 On Deck, Shipper's Load and Count, Said by Shipper to Contain and Charges Additional to Freight S. 1484

„… the place indicated in the credit. Third, a courier receipt must indicate the date at which the goods …” „… charges are for the account of a party other than the consignee” fulfil the paid/pre-payment requirements …”

Petra Butler Article 61 CISG S. 292

„… 85), or the right to sell the goods to a third party (Article 88). The buyer’s obligation are: – to …”

Petra Butler Article 46 CISG S. 239-242

„… remove the rights or claims of the third party or – depending on the type purchase, deliver a …” „… with the provisions of this Convention, one party is entitled to require performance of any obligation …” „… by the other party, a court is not bound to enter a judgement for specific performance unless the …”

Klaus Ramming Article 10 Delivery of the goods S. 1021

„… delivery. The imposed handing over of the goods to an authority or a third party shall also be considered a …”

Klaus Ramming Article 15 Conditions for the exercise of the right of disposal S. 1034

„… instructions to the carrier requires that the shipper has passed on all originals of the bill to a third party …”

Petra Butler Article 63 CISG S. 295

„… does not have an obligation to try to sell the goods to a third party to mitigate the loss.12 However …”

Eckart J. Brödermann Article 2.2.8 (Sub-agency) S. 532

„… sub-delegation by communication to the third party4 (and by shaping the agency agreement).5 Actual authority of …”

Eckart J. Brödermann Article 3.3.2 (Restitution) S. 560

„… observed in international trade and investment, sometimes including many jurisdictions and (relevant) third …” „… party action of different kind, including possible infringements of the law. For the reasonableness test …”

Eckart J. Brödermann Article 5.1.1 (Express and implied obligations) S. 571

„… supplementing an omitted term may be left open (→ Art. 5.1.1 no. 2). Chapter 5 Content, Third Party Rights and …”

Eckart J. Brödermann Article 5.3.2 (Effect of conditions) S. 592

„… . 8. Art. 5.3.2 UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 592 Eckart J …”

Petra Butler Article 58 CISG S. 285-287

„… the absence of a party agreement on the place of payment or determinative usages and practices …” „… payment for defective goods for the buyer. Article 58 reiterates that party autonomy is paramount in …” „… is generally determined either by party agreement or by Article 58(1)) is delayed until the buyer has …”

Eckart J. Brödermann Article 5.1.2 (Implied obligations) S. 572

„… . 5.1.2 UNIDROIT Chapter 5 Content, Third Party Rights and Conditions 572 Eckart J. Brödermann 2 …”

Eckart J. Brödermann Article 9.1.12 (Adequate proof of assignment) S. 733

„… assignee, a third party to the main contract (in its initial version) whom the obligor does not know. The …”

Tim W. Dornis Article 80 CISG S. 377-380

„… failure was caused by the first party’s act or omission. I. Overview; function; historical background …” „… with respect to each party’s respective degree of contribution (see → para. 6 below).16 In principle …” „… proof The breaching party must prove the preconditions of an exemption.82 However, the promisee must …”

Klaus Ramming Article 1 Definitions S. 993-999

„… would be prohibited from ratifying CMNI. The Convention does not allow the EU to become a party of …” „… No. 1, is the undertaking by one party (the carrier, No. 2) to carry the goods (No. 7). This is an …” „… performing party under a contract of carriage. The position of a “carrier” is a formal one based only on the …”

Tobias Eckardt Article 35 S. 978

„… , Ulster-Swift Ltd. and Another v. Taunton Meat Haulage Ltd., Fransen Transport NV (Third Party) [1977] 1 W.L.R …”

Eckart J. Brödermann Article 7.3.1 (Right to terminate the contract) S. 656-661

„… notes 79-80), referring e.g. to such a declaration because of sale to a third party as in OLG Celle 24 …” „… that it cannot rely on the other party’s future performance; (e) the non-performing party will suffer …” „… , the aggrieved party may invoke any other remedy. Limited Freedom to Change the Mind Subject to (i) Art …”

Tobias Eckardt Article 39 S. 981-983

„… , Ulster-Swift Ltd. and Another v. Taunton Meat Haulage Ltd., Fransen Transport NV (Third Party) [1977] 1 W.L.R …” „… taking recourse to prove that the party against which recourse is taken is that responsible carrier.11 …”

Peter Mankowski Article 2 CISG S. 20-23

„… rules to the eventual result which substantive law is applicable. Third, it has to operationalize → Art …” „… party alleging that the CISG does not apply. It has to prove the objective facts as well as the …” „… are opened.12 Matching offer rights discard the original party of any opportunities to react to the …”

Petra Butler Article 48 CISG S. 249-256

„… . First, if the other party’s failure to perform its contractual obligations amounts to a fundamental …” „… must account for the other party’s interest. In safeguarding the party’s contractual efforts and the …” „… public’s interest have to be taken into account and have to be balanced with the aggrieved party’s right to …”

Wolf Müller-Rostin Article 17 Death and Injury of Passengers – Damage to Baggage S. 1198-1205

„… the fault of a third party. However, the Montreal Convention is silent on the types of damages that …” „… cargo receipt to clarify their relationship. The Hague Protocol had added a third paragraph to the …” „… apportionment of risk to the party best able to control it, thereby creating some degree of certainty and …”

Eckart J. Brödermann Article 7.3.7 (Restitution with respect to long-term contracts) S. 672-673

„… . 3 and cases of Arts. 7.1.4 (cure by nonperforming party) and 7.1.5 (additional time for performance …” „… restitution do not regulate rights of third parties,39 if any, opposing restitution.40 F. Long-term Contracts …”

Stefan Kröll Article 38 Transferable Credits S. 1499-1503

„… industry, the ultimate responsibility of the instructing party is also not affect by clauses that the …” „… credit to a third beneficiary. The underlying rationale for this prohibition in the context of commercial …” „… beneficiary to the issuing bank without being liable. 5. 6. by a third beneficiary to which the original …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… third party, or because the offeree notified dispatch, this does not satisfy the requirement in Art …” „… accepting party the benefit of any doubt. Article 20(2) expresses a broader general principle that local …” „… party.31 Absent contrary indications, the principle should be applied to calculate other time periods in …”

Stefan Kröll Article 17 Original Documents and Copies S. 1464-1465

„… (a)(iv) Charter Party Bill of Lading; Art. 28(b) Insurance Document and Coverage. Art. 17 UCP 1464 Stefan …” „… original contain differences such as their labellings as “first”, “second” or “third”.4 For example, two …”

Eckart J. Brödermann Introduction to the UNIDROIT Principles of International Commercial Contracts (“PICC”) S. 462-476

„… obligor (Art. 11.1.4) or a default rule regarding possible limitation of liability towards third party …” „… content (including third party rights) and its conditions (chapter 5); performance (chapter 6 …” „… Tool for Party Autonomy and in Adjudication, in: Eppur si muove, The Age of Uniform Law – Essays in …”

Peter Csoklich Article 13 S. 929-930

„… third party, the consignee.2 Irrespective of this provision it is widely held that the CMR does not …”

Stefan Kröll Article 1 Application of UCP S. 1420-1421

„… an objective and enforceable assurance by a third party carrier that the goods in question have been …”

Eckart J. Brödermann Article 9.1.14 (Rights related to the right assigned) S. 738-739

„… . (ii) Designed to protect the obligor as a third party to the assignment agreement, the assignor and …”

Eckart J. Brödermann Article 10.5 (Suspension by judicial proceedings) S. 773-774

„… interpleading into another dispute between, e.g. the obligor and a third party,3 may suffice to obtain a final …”

Wolf Müller-Rostin Article 22 Limits of Liability in Relation to Delay, Baggage and Cargo S. 1217-1220

„… agents or that it was solely due to the negligence of a third party. The carrier has the burden of proof …” „… subject to proof of the actual amount of damage if the injured party can prove that the damage claimed …”

Wolf Müller-Rostin Article 18 Damage to Cargo S. 1206-1212

„… but is a third party beneficiary of the contract, may sue for damage and destruction as a beneficiary …” „… Article 18 paragraph 4, second sentence, will apply. The party (most often the plaintiff) arguing that the …” „… , 17 May 1989 I ZR 211/87 TranspR 1990, 19 = ZLW 1990, 108. 19 To be proven by the party who claims …”

Wolf Müller-Rostin Article 31 Timely Notice of Complaints S. 1228-1229

„… a customs agent. If a damage report has been filled out by a third party authorized by the consignee …”

Eckart J. Brödermann Article 9.1.9 (Non-assignment clauses) S. 727-728

„… of Third Parties in: von Mehren (ed.), Int. Encyc. of Comp. Law, vol VII, chapter 13, paras. 73-79 …” „… Options Both para. 1 and para. 2 restrict party autonomy27. Pursuant to para. 1, the obligor and the …”

Tim W. Dornis Article 73 CISG S. 332-338

„… contract avoided with respect to that instalment. (2) If one party’s failure to perform any of his …” „… instalments, if the failure of one party to perform any of his obligations in respect of any instalment …” „… constitutes a fundamental breach of contract with respect to that instalment, the other party may declare the …”

Martin Schauer, Magdalena Gruber Article 2 Definitions S. 1311-1320

„… this rule is made applicable to debtors already party to insolvency proceedings or proceedings aiming …” „… missing private autonomy of the contracting party in this regard. A contractual transaction typically …” „… ; It requires legal personality and, for the third criterion, one out of three alternatives has to be …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… ). Purported acceptance by a third party rather than the offeree comprises a new offer rather than rejection or …” „… and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or …” „… any objection by the other party: Art. 19(2). Distinguishing between these is not easy. The …”

Klaus Ramming Article 11 Nature and content S. 1022-1026

„… (private) third party as prescribed by local law, this would be, according to Article 10.2, considered a …” „… only validly issued once it is in the possession of the party entitled to claim under the bill of …”

Stefan Kröll Article 4 Credits v. Contracts S. 1430-1432

„… second and third sentence state the consequences for the issuing bank. On the one hand, the bank is not …” „… – at least to a certain extent – subject to party autonomy. The parties may create certain links …”

Tobias Eckardt Article 30 S. 963-967

„… CMR;31 including the possibility to be represented by a third party.32 In as far as the parties reach …” „… limits while para. 5 establishes the obligation of the relevant other party to enable checks and …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… addressee’s own server, or a third party service provider’s server.83 Problems with networks or access to …” „… or expo, at the declaring party’s business premises, or any other place. It must be handed personally …” „… differs from the issue in e-CC Art. 6(4), Electronic Communications Convention (party’s place of business …”

Erik Evtimov, Tatyana Payosova Article 1 Scope S. 1128-1131

„… different States of which only one is a Member State and the other one is a third country (for example a …” „… will remain subject to national law, not to the CIM UR. Any State which is a party to a convention …”

Christoph Oertel IV. INCOTERMS® 2010 S. 828-897

„… debt. The seller must only place the goods at the disposal of the buyer (or any third party named by …” „… vehicle’)82 or using FCA instead. When the buyer (or any third party instructed by the buyer) has taken …” „… premises or another named place. At this place, the buyer (or a third party nominated by him) takes …”

Peter Csoklich Article 2 S. 906-909

„… the carriage by that other means of transport. This third condition is differently interpreted in the …” „… these three conditions lies upon the party of the contract of carriage which intends to apply the other …”

Martin Schauer, Magdalena Gruber Article 4 Transactions between undertakings and public authorities S. 1334-1338

„… the seller (creditor) or by a third party. The Late Payment Directive therefore should also cover …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… payment are unforeseeable, unpreventable and sudden.The CESL-proposal excuses non-performance of a party’s …” „… obligation if ‘it is due to an impediment beyond that party’s control and if that party could not be expected …” „… ’ does not entail a requirement for a written form. It is sufficient that the party’s will is pronounced …”

Petra Butler Article 51 CISG S. 269-273

„… contract. This gives rise to the question whether third party claims in relation to a portion of the …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… proof lies with the party alleging acceptance has occurred.2 Article 18 allows for various means of …” „… , indications of assent may sometimes derive from third parties, such as payment of the price by a bank, or …” „… offeror rests with the party alleging contractual formation.72 The fact an offeror became aware of …”

Raimond Emde Introduction S. 1247-1264

„… weaker contracting party. The economic and social outlook in the 1980 s decisively shaped the …” „… allowed to be excluded by the agreement of the law of a third country that is hostile to compensation …” „… 1260 Raimond Emde 47 48 – the partial141 or complete choice of a third law vis-à-vis an intermediary …”

Peter Mankowski Introduction S. 1-8

„… Third, transactions must be financed. Hence the UCP and – cum grano salis – the Cape Town Convention …” „… (Hart, Oxford 2009) p. 49; Symeonides, ‘Party Autonomy and Private-Law Making in Private International …”

doi.org/10.5771/9783845276564

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Austrian Yearbook on International Arbitration 2022

Christian Klausegger (Hrsg.), Peter Klein (Hrsg.), Florian Kremslehner (Hrsg.), Alexander Petsche (Hrsg.), Nikolaus Pitkowitz (Hrsg.), Irene Welser (Hrsg.), Gerold Zeiler (Hrsg.)

2022

Treffer in den folgenden Teilen:

Patricia Schoeffmann Third-Party Funding and ISDS S. 353-384

„… 353Third-Party Funding and ISDS A mutualistic symbiosis? Patricia SchoemannI. Introduction1)The …” „… potential options available on the market is third-party funding (“TPF”).1) An earlier version of parts of …” „… as the profit motives of third-party funders, the investor-State dispute settlement (“ISDS”) system …”

Claudia Annacker 2021 Vienna Investment Arbitration Rules S. 293-300

„… provisions on third-party funding.To avoid conflicts of interest that may arise from a party’s reliance on …” „… SchoemannThird-Party Funding and ISDSA mutualistic symbiosis?AYIA 2022.indb 291 19.01.22 10:25AYIA 2022.indb 292 …” „… treaty-based investment arbitrations and essentially limited to rules concerning third party submissions.AYIA …”

Markus Schifferl, Alexander Zojer Decisions of the Austrian Supreme Court on Arbitration in 2020 and 2021 S. 205-220

„… parties can only rely on contractual third-party rights with their entire contractual characteristics …” „… parties provides for specific legal recourse, any thirds party that asserts a contractual claim based on …” „… Art. 6 ECHR, which grants not only a party’s right to be heard but also the right to effective …”

Johannes Tropper, August Reinisch The 2020 Termination Agreement of Intra-EU BITs and Its Effect on Investment Arbitration in the EU S. 301-340

„… explicitly consensually removed. 2. Considerations beyond the VCLT: Third Party Rights, Legitimate …” „… party, including investors.98) There is some support in scholarship that the concept of third-party …” „… majority of scholarship has rejected the application of such principles applicable to third party states to …”

Alice Stocker, Julia Hildebrandt, Mariella Rieder, Désirée Prantl Cybersecurity in International Arbitration S. 47-78

„… to an electronic system either directly or through a third party. This raised questions of …” „… institution’s platformIn case a third-party platform is used, managing the access with the provider, in cluding …” „… UNCITRAL Rules absent an infringement of the other party’s principle procedural rights.36)ICSID …”

Titelei/Inhaltsverzeichnis S. I-LXXII

„… (Sorin Dolea/Eliane Fischer) and third-party funding and ISDS (Patricia Schömann). The Editors are …” „… SchoeffmannThird-Party Funding and ISDSA mutualistic symbiosis? I-LXXII, Titelei Yearbook 2022.indd 6 18.01.22 …” „… of Time When Interim Relief will be Granted . . 174 7. Third Party Involvement …”

Nikolaus Pitkowitz, Anna Katharina Radschek, Elisabeth Vanas-Metzler, the 11 contributors The Vienna Propositions for Construction Arbitration S. 249-290

„… and the employer, any decision made by a DAB or mediator might also impact the third party involved in …” „… would be that the arbitration is financed by a third party while the claimant does not have any assets …” „… Third-Party Intervention in International Arbitration for Construction Disputes: A Contextual Approach to …”

Katherine Bell, Moritz Schmitt, Nicolas O. Zenz The Arbitrator’s Power to Adapt Contracts – Three Jurisdictions, Three Answers? S. 121-138

„… the contract.8)Under Austrian law, an agreement that one contract party (or also a third party) shall …” „… perspective of a third party in the circumstances acting in good faith, thus has primacy over any form of …” „… the specification to be made by judicial decision if the empowered party (or third party) fails to …”

Judith Knieper Comprehensive International Mediation Framework with Three Newly Adopted Texts by UNCITRAL S. 387-398

„… Official Records of the General Assembly, Seventy-third Session, Supplement No. 17 (A/73/17), para. 19 …” „… of ratification, making it the seventh party to the Convention and on September 10, Australia signed …” „… over the past 40 years. Third, it requested the drafting of informational guidelines for users of …”

Clarisse von Wunschheim, Yupeng (Yves) Hu Selecting the Seat of Arbitration in Sino-European Disputes S. 139-160

„… party’s appli-cation to the people’s court in accordance with the relevant provisions of the Civil …” „… People’s Republic of China shall submit the party’s application to the intermediate people’s court at the …” „… as well as the party’s leverage to negotiate legal fees. The availability of lawyers with suitable …”

Hermann J. Knott, Martin Winkler Emergency Arbitration S. 161-176

„… when no enforce-ment in court is sought.7. Third Party InvolvementWhere the interim relief sought …” „… essence. Thus, in particular, the course of the proceedings is largely identical. Following a party’s …” „… orders a party to:• Maintain or restore the status quo (one may think insofar of a shareholder dispute …”

Index S. 417-474

„… (2007) 92 et seq., 205, (2008) 362, (2011) 49– testimony (2008) 282– third party intervention (2010) 228 …” „… third party test (2017) 97, 100– remedies (2007) 106 et seqq., 122, (2010) 45 et seqq.– remuneration …” „… Commodities Law No. 4 of 2000 (2011) 229– third-party involvement (2011) 237– time-limits, arbitration award …”

Sophie Aulitzky, Florian Kremslehner, Philipp Stadtegger Economic Sanctions in International Commercial Arbitration S. 79-120

„… Alexander describes the essence of the court’s findings as that “a foreign party’s mere inconvenience of …” „… relations with one or more third countries (Art 215 TFEU).Although regulations undergo a longer legislative …” „… ratification by the US Senate (two-thirds majority).25) As most resolutions are not self-executing, they will …”

Johanna Kathan-Spath VIAC‘s Annual Report – 2020 S. 399-410

„… VIAC being licensed as permanent arbitration institution in Russia and third party-funding options …” „… do not involve an Austrian party.C. Nationality of ArbitratorsIn addition to Austrian practitioners …” „… Giuditta Cordero-Moss, Professor at the University of Oslo, on the topic “The balance between party …”

Aman Lekhi, Pranay Lekhi The Objective Non-arbitrability of Insolvency Related Disputes S. 3-24

„… pre-insolvency stage43) or a statutory moratorium preventing most third-party action against the debtor going …” „… undoubtedly arbitrable, changes by virtue of the insolvency of a party.In this context, it has been previously …” „… administrators, are non-arbitrable.11) However, most disputes with an insolvent party are not related to these …”

Karl Pörnbacher Construction Arbitration: Innovation and Constants S. 223-236

„… by a third party to inter-nally justify a compromise.• The DB at the outset of its appointment needs …” „… , delay and quantum experts. In most cases, the parties will need their party-appointed experts already to …” „… arbitral tribunal actively manages the work of the party-appointed experts early on. Some techniques might …”

Irene Welser, Samuel Mimnagh Too Late for This Arbitration? – Introducing New Claims in Pending Proceedings S. 27-46

„… permitting the supplementation and modification of a party’s claim, the LCIA Rules acknowledge the potential …” „… or refuse the supplementation or modification of a party’s 4) L. Richman, Chapter 5: Request for …” „… contained in Article 22, real limits exist on a party’s ability to introduce new claims after the …”

Sorin Dolea, Eliane Fischer Mind the Gap – Jurisdictional Factors to be Considered in Investment Restructuring S. 341-352

„… investor to re-invest in its home State through a subsidiary company incorporated in a third State to …” „… Dolea/Eliane Fischer346contracting party. Therefore, in the view of the tribunal, the claimant satisfied the …” „… shell company instead of a “real party in interest”. It found that while it might in some circumstances …”

Elias Nigsch Waiver of the Right to Challenge an Arbitral Award, a Violation of Constitutional Law in Austria? S. 179-204

„… : acomparative and normative analysis of party autonomy at the post-award stage, Arbitra-tion International …” „… fundamental interests which could not be claimed by the ad-versely affected party. National constitutions and …” „… context, the discussion arises of whether it should be left to party autonomy to waive this protection of …”

doi.org/10.5771/9783214164997

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