Overview

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 2006 to 2010. During this period, the number of cases grew gradually. The total number of cases still remained low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case by case basis. For each case, an English summary of the judgments will be provided. In the summary, the People’s Court’s approach to the interpretation and application of the CISG will be emphasised. Following the summary are comments of the individual case written either by an academic or a current or former judge from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG. This book deals with the cases from 2006 to 2010 in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in future.

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Dr. Peng Guo is Lecturer in Law at the Swinburne University of Technology. He has worked across several Australian universities and has held visiting positions at different European universities. He has received scholarships awarded by renowned research institutions and international organisations, including the Max Planck Institute for Comparative and International Private Law, the International Institute for the Unification of Private Law (UNIDROIT), the Swiss Institute of Comparative Law, and the European Union. His research interests lie in comparative contract law and international commercial law with a particular focus on the international sale of goods and international commercial arbitration. His research has been published in leading international and Australian peer-reviewed journals. His monograph on good faith and hardship under the UNIDROIT Principles was published by Springer in 2021. Dr Haicong Zuo is Professor in Law School at University ofInternational Business and Economics (UIBC). Prior to joining UIBC Law School, he was Dean and Professor at Law School of Nankai University and Professor at Law School of Wuhan University. His research interests include, but not limited to international commercial law, WTO law, international economic law, and international dispute resolution. He has published on various topic on a number of books and leading journals in both Chinese and English and has chaired or co-chaired different research projects funded by various stakeholders. Dr. Shu Zhang is Lecturer in Commercial Law in the Deakin Law School, Deakin University (Australia), and coached Deakin Law School's Vis Moot team. Before joining the Deakin Law School, Dr. Zhang was Post-doctoral Fellow in the Chinese International Business and Economic Law Initiative, Law School, University of New South Wales (Australia). Her research interests include international commercial law, dispute resolution and international arbitration, as well as comparative contract law. She also completed internships at both the Australian Centre for International Commercial Arbitration (ACICA) and the Chinese International Economic and Trade Arbitration Commission (CIETAC). She is also admitted to practise in New South Wales, Australia. Dr. Zhang obtained her Ph.D. in Law from University of New South Wales (Australia) and her LLM, LLB, and BA in Economics (Double Degree) from Peking University (China). She is interested in international commercial law and dispute resolution and has published various manuscripts with leading journals in this area, such as the Journal of Contract Law, Vindobona Journal of International Commercial Law and Arbitration, China Quarterly.

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