2007 INTERNATIONAL SEMINAR. October 13-14, 2007, Wuhan, P.R. China



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Presented by: WUHAN UNIVERSITY PACE LAW SCHOOL CHINA SOCIETY 2007 INTERNATIONAL SEMINAR The Application and Interpretation of the CISG in Member States With Emphasis on Litigation and Arbitration in the P.R. China October 13-14, 2007, Wuhan, P.R. China The Wuhan University Institute of International Law, The Pace University School of Law Institute of International Commercial Law, and the China Society of Private International Law have organized this comprehensive seminar on the international sale of goods, which will follow the 10th meeting of the CISG Advisory Council. Members of the Advisory Council and leading Chinese judges, academics, arbitrators and attorneys will discuss the rules of law established by the United Nations Convention on Contracts for the International Sale of Goods and the application of the Convention in litigation and arbitration in the People's Republic of China. The goal of the seminar is to promote mutual understanding of the Convention's provisions and their practical application, thereby fostering the uniform and harmonized interpretation of the Convention and enhancing the rule of law in international commercial transactions. FINANCIAL SPONSORS The Wuhan University Institute of International Law; Pace University School of Law Institute of International Commercial Law Beijing Arbitration Commission; and Kunlun Law Firm. SPONSORING ORGANIZATIONS The United Nations Commission on International Trade Law; The Chartered Institute of Arbitrators (East Asia Branch); The South China Sub-Commission, China International Economic and Trade Arbitration Commission (CIETAC); The Hong Kong International Arbitration Centre; The Section of International Law of the American Bar Association (through its China Committee) and the Section of Litigation of the ABA (through its International Litigation Committee); The Committee on Foreign & Comparative Law of The Association of the Bar of the City of New York; The International Law Section of the Florida Bar Association; The International Law & Practice Section of the New York State Bar Association; The Practising Law Institute; and The International Association for Contract and Commercial Management. ENTRY VISA AND PRE-REGISTRATION REQUIRED

PARTICIPATING INSTITUTIONS WUHAN UNIVERSITY INSTITUTE OF INTERNATIONAL LAW The Wuhan University Institute of International Law was established in 1980. It is the first academic institute in China specializing in international law, renowned for its work on private international law, international investment law, international financial law, EU law and WTO law. The mission of the Institute is to promote international law teaching and research in China. It has twenty-six full-time and eleven part-time research fellows. It has awarded more than one thousand degrees in international law as well as completed many key national research projects. The website of the institute is www.translaw.whu.edu.cn. CHINA SOCIETY OF PRIVATE INTERNATIONAL LAW Founded in 1987, the China Society of Private International Law is a national academic organization. Its members, of whom there are more than 250, are mainly professors, scholars, and specialists in private international law from Chinese academic institutions, research institutes, and government legal departments. Its primary missions are to bring people engaged in teaching, researching and applying private international law together to advance the development of theories and practices in private international law and to promote international civil and commercial communication. The Society has published the Chinese Yearbook of Private International Law and Comparative Law since 1998. In 2000, it drafted the Model Law of the Private International Law of the P.R.C., the first academic draft of a Chinese model law on the subject. Pace University School of Law INSTITUTE OF INTERNATIONAL COMMERCIAL LAW PACE UNIVERSITY SCHOOL OF LAW The Institute s goals are to promote the uniformity and harmonization of international commercial law and facilitate the success of international business transactions by sharing knowledge of international commercial laws and practices. Among other activities, the Institute maintains the world s most current and comprehensive library of court and arbitral decisions, commentaries and other materials on the United Nations Convention on Contracts for the International Sale of Goods, http://cisgw3.law.pace.edu and has been a sponsor of the annual William C. Vis International Commercial Arbitration Moot and the work of CISG Advisory Council, http://cisgw3.law.pace.edu/cisg/cisg-ac.html

SEMINAR FACULTY Eric E. Bergsten Former Secretary of UNCITRAL; Professor Emeritus Pace University School of Law School. Michael Joachim Bonell Professor of Comparative Law, Law Faculty, University of Rome La Sapienza. Michael Bridge Professor of Law, London School of Economics. Luca G. Castellani Legal Officer, Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). Chen Lihu Professor, Suzhou University, concentrating on International Trade Law and International Investment Law. Chen Weizuo Associate Professor of Private International Law, Tsinghua University School of Law. Chen Zhidong Senior Professor of Economic Law, Fudan University; Arbitrator, United Nations Centre for the Settlement of Investment Disputes and CIETAC. Siegfried Eiselen Professor of Law, University of South Africa. Alejandro M. Garro Adjunct Professor of Law and Senior Research Scholar, Parker School of Foreign and Comparative Law, Columbia University. Gao Xiaoli Judge of the Supreme People s Court, P.R. China. John Y. Gotanda Associate Dean for Faculty Research and Professor of Law, Villanova University School of Law. Guo Yujun International Law; Vice President and Secretary General of the China Society of Private International Law. Han Jian Secretary of the South China Sub-Commission, CIETAC; Vice-President of the China Society of Private International Law. Huang Jin Professor of Law and Director, Wuhan University Institute of International Law; Vice President of Wuhan University; President of the China Society of Private International Law. Albert H. Kritzer Adjunct Professor of Law, Pace University School of Law; Executive Secretary, Pace Institute of International Commercial Law. Jack Kai Lei Managing Director, Kunlun Law Firm, Beijing office, in charge of the firm s international practice. Li Denghua Vice-President of the International Arbitration Court of the Wuhan Arbitration Commission; Secretary General of the Wuhan Arbitration Commission. Liu Chengwei Attorney at Law, Global Law Office, Beijing. Liu Jingnan President of Wuhan University. Ma Kewei Attorney at Law, Join and High Law Office, Tianjin; Arbitrator, Tianjin Arbitration Commission. John P. McMahon Attorney at Law, Law Office of John P. McMahon, Rock Hill. Robert E. Michael Attorney at Law, Robert E. Michael & Associates, PLLC, New York; Chair, Committee on Foreign & Comparative Law, Association of the Bar of the City of New York. Loukas A. Mistelis Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration, Centre for Commercial Law Studies, and Director of Studies, School of International Arbitration, Queen Mary, University of London. Nie Jiangqiang International Law. Pilar Perales Viscasillas Professor of Commercial Law, Universidad Carlos III de Madrid. Jan Ramberg Chair, CISG Advisory Council; Professor Emeritus, University of Stockholm; formerly Dean of the Law Faculty at the University of Stockholm and Rector of Riga Graduate School of Law. Ingeborg Schwenzer Professor of Law, University of Basel. Mark R. Shulman Assistant Dean for Graduate Programs and International Affiliations, Pace University School of Law; Chair, International Human Rights Committee, Association of the Bar of the City of New York. Song Xixiang Professor of Law, Shanghai University of Finance & Economics. Hiroo Sono Counselor, Ministry of Justice, Japan; Professor of Law, Hokkaido University. Soo K.L. Gary President, The Hong Kong Institute of Arbitrators; Barrister-at-Law. Su Yingxia Professor of Law, Northwest University of Politics and Law. Tang Houzhi Honorary Vice-Chairman of CIETAC. Paul Varty Council Member, Hong Kong Institute of Arbitrators. Wang Hongsong Secretary-General, Beijing Arbitration Commission. Weng Guomin Professor of Law, Zhejiang University. Claude Witz Professor of Law, Université Robert Schuman and Universität Saarlandes. Xiao Bing Professor of Law, Nanjing University School of Law. Xiao Yongping International Law; Deputy Dean, Wuhan University School of Law. Philip Yang Chairman, Hong Kong International Arbitration Centre. Yu Minyou Dean of the World Trade Organization (WTO) Studies School, Wuhan University. Zheng Xinjian Doctor of Laws; Judge, Guangdong High People s Court. Zuo Haicong International Law.

SCHEDULE October 13-October 14, 2007 SEMINAR VENUE: WUHAN UNIVERSITY LAW SCHOOL BUILDING FRIDAY NIGHT, OCTOBER 12, 2007 BANQUET 18:30-20:30 HONGYI HOTEL Prof. Huang Jin, Vice-President of Wuhan University, President of China Society of Private International Law SATURDAY MORNING, OCTOBER 13, 2007 OPENING CEREMONY 09:00-09:45 Prof. Yu Minyou, Dean of the World Trade Organization (WTO) Studies School, Wuhan University SPEECHES DELIVERED BY HONORED GUESTS: Prof. Liu Jingnan, President of Wuhan University Prof. Eric E. Bergsten, Former Secretary of UNCITRAL Prof. Jan Ramberg, Chair, CISG Advisory Council Prof. Huang Jin, Vice-President of Wuhan University, President of China Society of Private International Law SESSION I 10:35-11:45 THE CISG AND ITS HISTORY, CURRENT SITUATION AND FUTURE Prof. Huang Jin S Prof. Mark R. Shulman TRADERS, LAWYERS AND THE RULE OF LAW Prof. Albert H. Kritzer Prof. Alejandro M. Garro Prof. Hiroo Sono CELEBRATING AND RESEARCHING THE CISG THE DRAWBACKS OF THE CISG AND ITS APPLICATION JAPAN'S ACCESSION TO THE CISG LUNCH 12:00-14:00 HONGYI HOTEL Luca G. Castellani, UNCITRAL Representative SATURDAY AFTERNOON, OCTOBER 13, 2007 SESSION II 14:30-16:05 THE CISG AND ITS PROCEDURES AND PROVISIONS I Mr. Robert E. Michael S Prof. Pilar Perales Viscasillas THE FORMATION PROVISIONS OF THE CISG Prof. Eric E. Bergsten Prof. Loukas A. Mistelis Prof. Michael Bridge Prof. Ingeborg Schwenzer Prof. Siegfried Eiselen NOTIFICATION OF LACK OF CONFORMITY OF THE GOODS UNDER THE CISG CONFORMITY OF THE GOODS UNDER THE CISG ON ARTICLES 81-88 OF THE CISG, ESPECIALLY THE EFFECTS OF AVOIDANCE AVOIDANCE OF THE CONTRACT UNDER THE CISG THE CISG AND ELECTRONIC ISSUES SESSION III 16:40-18:15 THE CISG AND ITS PROCEDURES AND PROVISIONS II Prof. Chen Lihu S Prof. John Y. Gotanda DAMAGES UNDER THE CISG Prof. Zuo Haicong Prof. Su Yingxia Mr. Liu Chengwei Dr. Lei Kai Mr. Ma Kewei DAMAGE CALCULATION IN A CONTRACT FOR THE SALE OF GOODS FUNDAMENTAL BREACH UNDER THE CISG REMEDIES IN INTERNATIONAL SALES LAW ANTICIPATORY BREACH OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS THE DISSOLUTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS BANQUET 18:30-20:30 LUOJIA VILLA Mr. Paul Varty, Council Member, Hong Kong Institute of Arbitrators

SUNDAY MORNING, OCTOBER 14, 2007 SESSION IV 08:30-10:05 THE CISG AND ITS APPLICATION BY THE COURTS Prof. Xiao Bing S Dr. Zheng Xinjian THE APPLICATION OF THE CISG BY THE CHINESE COURTS Prof. Chen Zhidong Dr. Gao Xiaoli Prof. Xiao Yongping Prof. Guo Yujun Prof. Song Xixiang JURISPRUDENCE ANALYSIS OF THE APPLICATION OF THE CISG IN CHINESE COURTS THE APPLICATION OF THE CISG BY THE CHINESE COURTS THE APPLICATION OF THE CISG BY THE CHINESE COURTS A SURVEY OF THE APPLICATION OF THE CISG IN CHINA THE APPLICATION OF THE CISG IN CHINA SESSION V 10:40-12:05 THE APPLICATION OF THE CISG IN INTERNATIONAL COMMERCIAL ARBITRATION Mr. Soo K.L. Gary S Prof. Tang Houzhi THE APPLICATION OF THE CISG IN CIETAC ARBITRATION Prof. Philip Yang Prof. Wang Hongsong Prof. Han Jian Prof. Weng Guomin HONG KONG ARBITRATION OF INTERNATIONAL SALE OF GOODS DISPUTES THE APPLICATION OF THE CISG IN CHINESE COMMERCIAL ARBITRATION FROM THE PERSPECTIVE OF A LEGAL PRACTITIONER THE APPLICATION OF THE CISG IN CHINESE COMMERCIAL ARBITRATION PRACTICE THE APPLICATION OF THE CISG IN INTERNATIONAL COMMERCIAL ARBITRATION LUNCH 12:20-14:30 HONGYI HOTEL Mr. Li Denghua, Vice-President of the International Arbitration Court of the Wuhan Arbitration Commission SUNDAY AFTERNOON, OCTOBER 14, 2007 SESSION VI 14:30-16:20 A COMPARATIVE STUDY OF THE CISG AND RELATED DOCUMENTS Mr. John P. McMahon S Prof. Michael Joachim Bonell THE CISG AND THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS Prof. Jan Ramberg THE CISG AND INCOTERMS 2000 Prof. Claude Witz Prof. Nie Jianqiang Dr. Chen Weizuo CONTRACT DRAFTING UNDER THE CISG PROTECTION AGAINST CLAIMS BASED ON INTELLECTUAL PROPERTY UNDER ARTICLE 42 OF THE CISG CONFLICT OF LAWS IN THE CONTEXT OF THE CISG CLOSING CEREMONY 16:55-17:30 CLOSING SPEECH Prof. Xiao Yongping, Deputy Dean of Wuhan University School of Law Prof. Eric E. Bergsten and Prof. Huang Jin BANQUET 17:30-19:30 MEIYUAN Prof. Mark R. Shulman, Pace University School of Law s Assistant Dean for Graduate Programs and International Affiliations ENTRY VISA AND PRE-REGISTRATION REQUIRED

HOTEL INFORMATION Hongyi Hotel No. 136 Donghu Road, Wuchang District Wuhan, Hubei Province, 430071 P.R. C. Telephone: + (86) 27-6781 9888 Fax: + (86) 27-6781 9988 Mail: eric.zhang.hy@163.com REGISTRATION FORM To permit the Wuhan University Institute of International Law to set up the seminar room for simultaneous interpretation, each attendee must pre-register. A conference fee of RMB 2000 is payable at the door. The conference fee for academics is RMB 1000. The conference fee for students is RMB 500. Credit cards will not be accepted. Registration for the Seminar is accomplished by the submission of this form by fax or e-mail attachment to one of the contacts identified below. Name: 2007 INTERNATIONAL SEMINAR The Application and Interpretation of the CISG in Member States With Emphasis on Litigation and Arbitration in the P.R. China October 13-14, 2007, Wuhan, P.R. China Address: Telephone: Fax: E-mail: VISA REQUIREMENTS Visa requirements and forms should be available on the web site of the P.R. China s embassy in your country and are available on the web site of the Chinese Embassy in Washington, http://www.china-embassy.org/eng/hzqz/default.htm. See http://www.china-embassy.org/eng/hzqz/yisq/default.htm for mail application in the U.S. CONTACT INFORMATION To register or for any inquiries about the Seminar, please contact: Ms. Deborah Zipf, Pace University School of Law, telephone: + (914) 422-4670, fax: + (914) 422-4261, e-mail: dzipf@law.pace.edu. Ms. LI Jie, Wuhan University Institute of International Law, telephone: + (86) 27-68756957, fax: + (86) 27-68754154, email: cisgwuhan2007@163.com.