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Sebastian Coxon

Medieval German Tales

2023

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OTHER S. 101-108

„… or other that will make me laugh a little.’She replied: ‘You may well get that chance. If you want to …” „… them. The other saw this and gave his com-panion an almighty smack on his bald head. The bird was …” „… believe me, it’s true! The lark came and flewonto the head of the other, without his noticing it himself …”

COMIC TALES S. 29-70

„… other.They both stared at each other until their senses were overpowered by love. Theylost colour and went …” „… with the other.The young lord went bright red and immediately took the meat out of Konni’shand and …” „… instruments; and in many other ways of passingthe time.He ordered his servants once more to stock his ships …”

Commentary S. 109-126

„… referred toas French tournaments, pitted two teams of knights against each other.young beardless knight …” „… . Two other manuscripts include a formulaicepilogue with reference to an otherwise unknown poet by the …” „… numerous other tales in bothLatin and the vernacular. The Virgin Mary herself plays no role here; rather …”

MORAL TALES S. 71-84

„… don’tknow how I will survive, my heart is so devoted to you! Since it cannot be other-wise, let us make the …” „… possessions taken from them by friends and enemies alike. Whoever iscontent to let others strip them of their …” „… them a laugh-ing stock. Such fools are stripped as bare of honour as that other fellow was of hishair …”

COURTLY TALES S. 85-100

„… devotion, unchang-ing and total, constant and without any fault. Each took delight in the other.Now it so …” „… and reward. He outshone all others in matters of skill and of chival-ry, at tournaments and in manly …” „… lance against him, stabbing him through the arm. Unfortunate-ly, the other knight did not miss him …”

Introduction S. 11-20

„… a divine force for good, whether in the form of an other-worldly songbird (nr 1 ‘The doubter’), a …” „… different to other more familiar vernacular literarytraditions in Europe such as Old French, in which …” „… comic tales (‘Schwankmären’) as well as other types of shortnarratives, all of which have parallels in …”

Titelei/Inhaltsverzeichnis S. 1-10

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89OTHER19: ‘The hound’s ordeal …” „… thanks to several other individuals too:Anne Cobby (Cambridge) for guidance in matters Old French; and …” „… means, electronic, mechanical, photocopying,recording, or otherwise, or translated, without the prior …”

RELIGIOUS TALES S. 21-28

„… one team charged at the other, slashing and stabbing as they went, isnot one I wish to relate. When …” „… performed such heroic featsthat many of the other knights were jealous. A mighty charge at full tilt hit …” „… sapling, the second studentshamelessly declared: ‘By rights this tree should belong to me!’ The other …”

doi.org/10.31267/978-3-7574-0116-0

Monica Donghi - Patent Strategy in Pharmaceutical Industry: Are additional patents valuable?

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Monica Donghi

Patent Strategy in Pharmaceutical Industry: Are additional patents valuable?

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 20 2014

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Others S. 83-84

„… Benefit from Genzyme Acquisition Net Sales and Business EPS1 up 9.2%2 in Q4 (Feb. 8, 2012). Others M …” „… -EN-v 1.pdf. Others 83 EMA, Guideline on the Investigation of Drug Interaction, (Apr. 22, 2010) http …”

Innovation Tracks S. 45-62

„… provision, on the other hand, is not available in Europe, where a new formulation will be of added value to …” „… to be made regarding this innovation track is that such formulation patents do not stop other …” „… market share may however only be expected, if a formulation shows a competitive edge over other …”

Final Remarks S. 73-76

„… market and to compete with the originator or others. The second argument voiced against lifecycle …” „… prove efficacy), while on the other hand the costs of simply reproducing the drug is very low.268 On the …” „… other side, it must be conceded that if such granted secondary patents are of low quality this creates …”

Patent Strategy and Innovation S. 66-69

„… permitted by other branches of law235 does not preclude the application of competition law.236, 237 Finally …” „… significance to patients and other customers. It has been stated that “[s]ignificant incremental innovation to …” „… incentivise investment in such research. On the other hand, patent law should guarantee that only for …”

Xalatan SPC Request: a Case for Competition Law? S. 62-66

„… traditional drug or the use of other versions belonging not to the originator company. The economic success of …” „… Italian State health system (NHS). On the other hand this delay for Pfizer meant a profit of approximately …” „… scrutiny of competition law and incur a fine. The use of certain ways of action permitted by other branches …”

Speeches and Reports S. 83

„… Benefit from Genzyme Acquisition Net Sales and Business EPS1 up 9.2%2 in Q4 (Feb. 8, 2012). Others M …” „… -EN-v 1.pdf. Others 83 …”

Press release S. 83

„… Benefit from Genzyme Acquisition Net Sales and Business EPS1 up 9.2%2 in Q4 (Feb. 8, 2012). Others M …” „… -EN-v 1.pdf. Others 83 …”

Statutes S. 82-83

„… Benefit from Genzyme Acquisition Net Sales and Business EPS1 up 9.2%2 in Q4 (Feb. 8, 2012). Others M …” „… -EN-v 1.pdf. Others 83 …”

Conclusion S. 30-32

„… (launch year). Other two companies, Forest Laboratories (14 patents) and 4. 70 See Zhikong He supra note …” „… combinations, the number of active entities was quite high and in addition to Sanofi-Aventis other competitors …”

Titelei/Inhaltsverzeichnis S. 2-10

„… for other than private use a fee is payable to »Verwertungsgesellschaft Wort«, Munich. Die Deutsche …” „… filing trends for the two drugs, both in regard of the originator and in regard of other competing …”

Use of Procedural Provisions: Supplementary Protection Certificates (SPCs)/Patent Term Extension S. 27-30

„… docetaxel, while for others it has been demonstrated that the life time is significantly improved for cases …” „… company after 1996 (launch year). Other two companies, Forest Laboratories (14 patents) and 4. 70 See …”

Patent Portfolio S. 33-37

„… company (US 6,689,901, filed in June 2002) covers instead the selective preparation of the other (15S …” „… are those with other drugs known in the field of glaucoma treatment. As such, a series of applications …”

New Drug Approval Regulations S. 18-19

„… interactions with other drugs is desirable, such studies are oftentimes not being carried out before the …”

Pharmaceutical Industry – The Development of a New Drug. S. 16-18

„… an early understanding of the interactions with other drugs is desirable, such studies are oftentimes …”

Use of Procedural Provisions S. 37-39

„… July 199699 and subsequently in other EU countries. Based on the SPC regulation, extension of the …”

Summary: Taxotere v Xalatan S. 69-72

„… of pre-existing own patents and on the other hand left room for interpretation.250 In summary, the …”

Patent Portfolio S. 23-27

„… of cabazitaxel over docetaxel, while for others it has been demonstrated that the life time is …”

doi.org/10.5771/9783845251288

Jonas Attenhofer - The Application of UN Charter Chapter XI to Military Occupations

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Jonas Attenhofer

The Application of UN Charter Chapter XI to Military Occupations

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 318 2022

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Other Materials S. 19-20

„… Meeting Report: Occupation and OtherForms of Administration of Foreign Territory (International Commit-tee …” „… Other MaterialsSecurity Council Resolution on The Situation in Namibia, SC Res 276(30 January 1970 …” „… , United Nations Information Organiza-tions (1945) vols I-XVI.Other MaterialsT Ferraro (ed), ICRC Expert …”

Other works S. 198

„… Bibliography – Other worksVance Jr RT, ‘Recognition as an Affirmative Step in the …” „… ) Euro-pean Journal of International Law 571.Other worksOxford Dictionary of Law (9th edn 2018).198 …”

Military Occupation S. 23-96

„… claim when otherStates delimit territory by treaty.52 It follows that an agreement is notvalid if it …” „… Meeting Report: Occupation and OtherForms of Administration of Foreign Territory (International Committee …” „… considered a State in international law isthrough recognition by other States.11 If it is assumed that …”

UN Charter Chapter XI: Non-Self-Governing Territories S. 97-176

„… Simma and others (eds), The Charter of theUnited Nations: A Commentary (3rd edn, Oxford University Press …” „… any way from other obligations imposed upon Membersby the Charter. They are binding also upon states …” „… and other information ofOrganization, San Francisco, 1945, United Nations (1954) vols XVII-XXII …”

Contributions to Collections S. 183-191

„… Simma and others(eds), The Charter of the United Nations: A Commentary (3rd edn, OxfordUniversity Press …” „… ).Dawidowicz M, ‘The Obligation of Non-Recognition of an Unlawful Sit-uation’ in J Crawford and others (eds …” „… Validity of Legal Argument in Public International Law’ inU Fastenrath and others (eds), From Bilateralism …”

Titelei/Inhaltsverzeichnis S. 1-8

„… (SNSF).ContentsTable of Cases 9Table of Treaties 13Table of Materials 15UN Documents 15Other Materials 19Introduction …” „… ‘Imperative Military Necessity’ 753.4.2 Prolonged Occupation 774 The Relationship of Occupation Law to Other …” „… of Chapter XI to Other International LawPertinent to the Economy 1578.1 Priority of Chapter XI …”

Synopsis S. 177-178

„… , occupyingpowers have often justified a very large scope of authority over occupied ter-ritories. In other cases …” „… and Other Forms of Adminis-tration of Foreign Territory (International Committee of the Red Cross …”

Table of Cases S. 9-12

„… ).United States Military Tribunal, Nuemberg, The Hostages Trial (Trial ofWilhelm List and Others: Case No …” „… Alwyn Krupp von Bohlen und Halbach and Eleven Others: CaseNo 58) (1948) 10 Law Reports of Trials of War …”

Books S. 179-182

„… International Law (7th edn, Oxford Univer-sity Press 2008).Corn GS and others, The Law of Armed Conflict: An …” „… , Oxford,The Clarendon Press 1947).Henckaerts JM and others, Customary International Humanitarian Law(vol 1 …”

Documents S. 15-18

„… other activities which affect the interestsof the peoples of the Non-Self-Governing Territories, GA Res …” „… ).Resolution on Economic and other activities which affect the interestsof the peoples of the …”

Bibliography S. 179

„… International Law (7th edn, Oxford Univer-sity Press 2008).Corn GS and others, The Law of Armed Conflict: An …”

Introduction S. 21-22

„… partsshow how each legal regime applies and how other rules of internationallaw interplay. Part I …”

doi.org/10.5771/9783748935544

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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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

„… 41 Other actions In all cases where these Uniform Rules shall apply, any action in respect of …” „… or other persons for whom the carrier is liable pursuant to Article 40. The main objective of Article …” „… against the owner of the goods, otherwise the latter could still appeal to a third party as formal …”

Erik Evtimov, Tetyana Payosova Article 52 Other actions S. 1119

„… Article 52 Other actions In all cases where these Uniform Rules shall apply, any action in respect …” „… the servants and other persons for whom the carrier is liable pursuant to Article 51. Article 52 of …”

Erik Evtimov, Tetyana Payosova Article 31 Other modes of transport S. 1107

„… Article 29 Compensation for other bodily harm National law shall determine whether and to what …” „… extent the carrier must pay damages for bodily harm other than that for which there is provision in …” „… Articles 27 and 28. Article 29 of the CIV UR refers to the compensation for other bodily harm and is meant …”

Erik Evtimov, Tetyana Payosova Article 29 Compensation for other bodily harm S. 1107

„… Article 29 Compensation for other bodily harm National law shall determine whether and to what …” „… extent the carrier must pay damages for bodily harm other than that for which there is provision in …” „… Articles 27 and 28. Article 29 of the CIV UR refers to the compensation for other bodily harm and is meant …”

Wolf Müller-Rostin Article 55 Relationship with Other Warsaw Convention Instruments S. 1244

„… 7. For other States and for other Regional Economic Integration Organisations, this Convention …” „… eventuality. Article 55 Relationship with Other Warsaw Convention Instruments This Convention shall prevail …” „… Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 …”

Klaus Ramming Article 27 Other applicable provisions and nuclear damage S. 1064

„… general average remain untouched by and have priority over the provisions of CMNI. Article 27 Other …” „… or other authorized person is liable for such damage pursuant to the laws and regulations of a State …” „… all other persons addressed in CMNI. Article 27.1 clarifies that the rights and duties may arise from …”

Eckart J. Brödermann Article 9.3.4 (Advance consent of the other party) S. 755

„… Article 9.3.4 (Advance consent of the other party) (1) The other party may give its consent in …” „… advance. (2) If the other party has given its consent in advance, the assignment of the contract becomes …” „… effective when a notice of the assignment is given to the other party or when the other party acknowledges …”

Eckart J. Brödermann Article 4.2 (Interpretation of statements and other conduct) S. 564

„… Article 4.2 (Interpretation of statements and other conduct) (1) The statements and other conduct …” „… of a party shall be interpreted according to that party’s intention if the other party knew or could …” „… statements and other conduct shall be interpreted according to the meaning that a reasonable person of the …”

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

„… → Art. 5.1.3 no. 1). Article 6.1.7 (Payment by cheque or other instrument) (1) Payment may be made in …” „… accepts, either by virtue of paragraph (1) or voluntarily, a cheque, any other order to pay or a promise …” „… chose the form of payment (para. 1)5 (e.g. by cheque, credit card, bill of exchange, or other “newly …”

Eckart J. Brödermann Article 7.1.2 (Interference by the other party) S. 628-629

„… (→ Art. 7.1.2); (iii) there is no general need to put the other party ‘in default’ (mise en demeure …” „… obligee to cooperate under Art. 5.1.3 (→ Art. 7.1.2 no. 1). Article 7.1.2 (Interference by the other party …” „… ) A party may not rely on the non-performance of the other party to the extent that such …”

Wolf Müller-Rostin Article 16 Formalities of Customs, Police or Other Public Authorities S. 1198

„… are usually not in transit for any length of time.1 Article 16 Formalities of Customs, Police or Other …” „… meet the formalities of customs, police and any other public authorities before the cargo can be …”

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

„… the consent of the ‘other party’, Art. 9.3.3.6 This implies that the transfer becomes effective only …” „… by the other party (Arts. 9.3.5(2) and (3)). Absent any restriction in the regime of the UNIDROIT …” „… sum of money or any other kind of performance.9 Article 9.3.2 (Exclusion) This Section does not apply …”

Eckart J. Brödermann Article 8.4 (Content of notice) S. 710-712

„… other party against which set-off is being declared is to be converted; otherwise default rules …” „… first party.6 The notice must be given when all the other requirements are fulfilled (no ‘anticipatory …” „… to consider a set-off declaration in the context of a formal dispute about the other obligation (in …”

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

„… tance of partial performance) and the other circumstances.35 If the parties have agreed otherwise …” „… to receive, in case of non-performance by the other party, a certain minimum amount with which it can …” „… the other (potentially) non-performing party as certain costs of the (potentially) aggrieved party to …”

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

„… , insurance or customs duties. The interdependencies of these aspects influence other decision-making …” „… are overlooked or that the obligations agreed mismatch with other provisions in the contract or with …” „… , standards and rules facilitating efficient international transactions.5 Among others, the ICC has developed …”

Peter Mankowski Article 8 CISG S. 42-46

„… Contracting State of the Limitation Convention.47 Other external gaps comprise: the rate of interest under …” „… by and other conduct of a party are to be interpreted according to his intent where the other party …” „… applicable, statements made by and other conduct of a party are to be interpreted according to the …”

Klaus Ramming Article 20 Maximum limits of liability S. 1047-1051

„… for amounts exceeding 666.67 units of account per package or other shipping unit, or 2 units of …” „… , whichever is the higher. If the package or other shipping unit is a container and if there is no mention in …” „… consolidate goods, the packages or other shipping units enumerated in the transport document as packed in or …”

Eckart J. Brödermann Article 9.3.7 (Rights transferred with the contract) S. 759-760

„… Art. 8.1 no. 8 at D.1(ii)) did exist between the other party (the obligee of the transferred …” „… obligation, → Art. 9.3.1) and the assignor (i.e. the original obligor). If the latter did not ‘pay’ the other …” „… transferred obligation) and the other party (i.e. the obligee of the transferred obligation) (or vice versa …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… acceptance or any other indication of intention ‘reaches’ the addressee when it is made orally to him or …” „… delivered by any other means to him personally, to his place of business or mailing address or, if he does …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Division of declarations into ‘oral’ and ‘other …”

Eckart J. Brödermann Article 11.2.3 (Availability of defences against joint and several obligees) S. 820-824

„… performance under Art. 7.2.2 and the other claims damages, specific performance to one obligee or payment of …” „… damages to the other obligee in lieu of specific performance discharges the obligor.13 It is submitted …” „… defences and rights of setoff that are personal to its relationship to one or several of the other …”

Eckart J. Brödermann Article 11.1.7 (Effect of expiration or suspension of limitation period) S. 798-799

„… obligations to the obligee of the other joint and several obligors; or (b) the rights of recourse between the …” „… also suspended against the other joint and several obligors. A. Partial Reduction of the Effect of an …” „… Expiration of a Limitation Period Pursuant to para. 1, if one obligor can rely earlier than other joint and …”

Klaus Ramming Article 6 Obligations of the shipper S. 1010-1012

„… applying to the goods; (e) other necessary particulars to be entered in the transport document. The shipper …” „… the vessel or to other goods. According to what has been agreed with a view to carriage, the shipper …” „… payment of freight and other amounts due under the contract of carriage, information on the goods to be …”

Eckart J. Brödermann Article 2.1.15 (Negotiations in bad faith) S. 515-516

„… out of the contract acts in bad faith (cf. Art. 1.7) and/or inconsistently (Art. 1.8). On the other …” „… caused to the other party. (3) It is bad faith, in particular, for a party to enter into or continue …” „… negotiations when intending not to reach an agreement with the other party. A. Avoiding a Cultural Clash …”

Eckart J. Brödermann Article 7.1.3 (Withholding performance) S. 630-631

„… party may withhold performance until the other party tenders its performance. (2) Where the parties are …” „… other party to perform”).8 As long as the withholding right exists, the withholding party’s omission to …” „… perform its own duty does not constitute ‘non-performance’ under Art. 7.1.1.9 The other party must perform …”

Marco Torsello Article 31 CISG S. 163-174

„… not bound to deliver the goods at any other particular place, his obligation to deliver consists: (a …” „… buyer's disposal at that place; (c) in other cases – in placing the goods at the buyer’s disposal at the …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4. Other cases of sales not involving carriage (Article 31(c)) . . . . . . . . . . . . . . . . 33 …”

Peter Mankowski Article 9 CISG S. 47-50

„… Silence might otherwise pass as a statement, only where it is supported by other circumstances …” „… objection to the other party’s last statement;23 lacking objection against the other party’s kaufmännisches …” „… dealings with each other. Usages and practices must both in turn be distinguished from customary law or any …”

Eckart J. Brödermann Article 8.3 (Set-off by notice) S. 709

„… other party) to declare a set-off against its obligation under the second contract will depend upon …” „… to Art. 4.8 if the first party (as the obligee of the obligation of the other party) has the right to …” „… waive27 its right to be paid in the agreed currency so that the obligation of the other party under the …”

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

„… consent, the transfer agreement regarding the contract becomes binding when it is clear that the other …” „… Art. 9.3.5. Article 9.3.5 (Discharge of the assignor) (1) The other party may discharge the assignor …” „… . (2) The other party may also retain the assignor as an obligor in case the assignee does not perform …”

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

„… not have concluded it at all if the true state of affairs had been known, and (a) the other party made …” „… ) the other party had not at the time of avoidance reasonably acted in reliance on the contract. (2 …” „… , the other party needs to be “worthy of being protected in its reliance on the validity of the contract …”

Marco Torsello Article 30 CISG S. 156-162

„… reasonably26 (cf. → Art. 8(2) CISG) justifies the other party’s reliance on the non-application of their “no …” „… oral agreement” clause. (2) The other party must have reacted to that conduct by taking concrete steps …” „… modification” clause must proof both the other party’s conduct and the concrete steps taken in reliance.31 …”

Gilles Cuniberti Article 10 Remedies of conditional seller or lessor S. 1375-1377

„… ownership of (or any other interest of the chargor in) any object covered by the security interest shall …” „… application of the chargee order that ownership of (or any other interest of the chargor in) any object …” „… interested person other than the debtor, that person is subrogated to the rights of the chargee. 5. Ownership …”

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

„… , unless the circumstances indicate otherwise. (2) When the other obligors are discharged for the share of …” „… several obligor, discharges all the other obligors for the share of the released or settling obligor …” „… , the discharging effect for the settling obligor and the other obligors amounts to 1,0008). In practice …”

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

„… performance, to recover the excess from all or any of the other obligors to the extent of each obligor’s …” „… distinctly from others),1 Art. 11.1.11 strengthens the right to contribution under Art 11.1.10.2 Under para …” „… of the subrogation rights under para. 1.5 When the last other obligor performs its (separate; → Art …”

Peter Mankowski Article 1 CISG S. 11-19

„… contract between seller and lessor. It should fall within the CISG.3 The other contractual relationships …” „… are dominated by the other elements. UNIDROIT has recognised this by devoting an own Convention to …” „… and other intellectual property rights do not qualify as tangibles. Even if they are documented on …”

Lisa Spagnolo Article 19 CISG S. 93-101

„… , limitations or other modifications is a rejection of the offer and constitutes a counter-offer. (2) However, a …” „… acceptance. (3) Additional or different terms relating, among other things, to the price, payment, quality …” „… and quantity of the goods, place and time of delivery, extent of one party’s liability to the other or …”

Klaus Ramming Article 1 Definitions S. 993-999

„… “ship”. The distinction between a ship and other goods is made by the material law otherwise applicable …” „… December 2008, i.e. after the Rome I Regulation was adopted. All other EU member states not yet contracting …” „… ” means any person, other than a servant or an agent of the carrier, to whom the performance of the …”

Tim W. Dornis Article 78 CISG S. 360-366

„… Section III Interest Article 78 CISG If a party fails to pay the price or any other sum that is in arrears …” „… , the other party is entitled to interest on it, without prejudice to any claim for damages recoverable …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4. Other grounds for interest claims …”

Stefan Kröll Article 14 Standard for Examination of Documents S. 1451-1455

„… practice, need not be identical to, but must not conflict with, data in that document, any other stipulated …” „… document or the credit. e. In documents other than the commercial invoice, the description of the goods …” „… credit. f. If a credit requires presentation of a document other than a transport document, insurance …”

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

„… . Otherwise, in relation to transport documents other than bills of lading, the carrier is free to use other …” „… consignee is liable, vis-à-vis the carrier, for the freight and other charges due on the goods, as well as …” „… . Other charges for the purpose of Article 10.1 sentence 1 are e.g. those addressed in Article 8.1 …”

Petra Butler Article 48 CISG S. 249-256

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Relation to other Provisions …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5. Relationship with other remedies …” „… cure a breach of duties, namely Articles 34 and 37 on the one hand, and Article 48 on the other. The …”

Peter Csoklich Article 6 S. 914-915

„… ensures its link with the electronic consignment note or any other electronic authentication method …” „… ) Charges relating to the carriage (carriage charges, supplementary charges, customs duties and other …” „… for Customs and other formalities; k) A statement that the carriage is subject, notwithstanding any …”

Sebastian Omlor Article 27 CISG S. 146-149

„… fixing an additional period of time.5 Unless otherwise agreed, Art. 27 CISG is also applicable to other …” „… alia, the declaration may be included in a statement of claim or other documents in a judicial …” „… Convention, if any notice, request or other communication is given or made by a party in accordance with this …”

Gilles Cuniberti Article 9 Vesting of object in satisfaction; redemption S. 1375

„… ownership of (or any other interest of the chargor in) any object covered by the security interest shall …” „… application of the chargee order that ownership of (or any other interest of the chargor in) any object …” „… interested person other than the debtor, that person is subrogated to the rights of the chargee. 5. Ownership …”

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

„… , the parties are free to agree on other terms in the contract of carriage, in particular to stipulate …” „… represent, to destroy them, even if, before they were taken over, he was informed or was apprised by other …” „… international and national law on dangerous goods, but which may only damage the vessel or other goods carried …”

Peter Mankowski Article 12 S. 437-438

„… made to the other party. If the contract is not declared to be terminated before performance be- 11 …” „… instalments shall commence on the date on which the declaration is made to the other party. Art. 12 (1 …” „… declaration as the relevant juncture, (1) opts for the latter ([the declaration] “is made to the other party …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… can only be concluded upon acceptance of a new offer.16 For other methods of terminating offers, see …” „… other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does …” „… the CISG,19 nor is it necessary to use words such as “accept”, “acceptance” or other special words.20 …”

Stefan Kröll Article 34 Disclaimer on Effectiveness of Documents S. 1493

„… for the start of the five days refusal period under Article 16 (d) and other deadlines (e.g …” „… opening hours for other business are not relevant. It is for the bank to determine the banking hours for …” „… , condition, packing, delivery, value or existence of the goods, services or other performance represented by …”

Eckart J. Brödermann Article 2.1.20 (Surprising terms) S. 522

„… to argue that the other party ‘ought to have known’ about the existence of standard terms.24 Rather …” „… establish that it took “reasonable steps to bring them to the attention of the other party”.26 The …” „… contracting with business clients from other jurisdictions (→ Art. 1.4 no. 4). Article 2.1.20 (Surprising …”

Eckart J. Brödermann Article 6.1.15 (Procedure in applying for permission) S. 617

„… (iv) application of the self-explanatory default rules in lit. (a) and (b).16 The other party may …” „… other armaments will have to supply a declaration on the ‘final destination’ in order to enable the …” „… other party notice of the grant or refusal of such permission without undue delay. A. Regulating the …”

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

„… , the aggrieved party may invoke any other remedy. Limited Freedom to Change the Mind Subject to (i) Art …” „… the contract where the failure of the other party to perform an obligation under the contract amounts …” „… unless the other party did not foresee and could not reasonably have foreseen such result; (b) strict …”

Petra Butler Article 49 CISG S. 257-261

„… ; (b) in respect of any breach other than late delivery, within a reasonable time: (i) after he knew or …” „… breach other than late performance by the buyer, within a reasonable time: (i) after the seller knew or …” „… with the other CISG remedies, which has to be fundamental and foreseeable. It requires a declaration of …”

Gilles Cuniberti Article 1 Definitions S. 1367-1368

„… international interest; (c) “associated rights” means all rights to payment or other performance by a debtor …” „… the applicable insolvency law; (l) “insolvency proceedings” means bankruptcy, liquidation or other …” „… credit or any other form of credit insurance; (iii) any other person having rights in or over the object …”

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

„… , further delivery cannot be claimed against other originals. 3. When the goods are taken over by the …” „… other international law conventions which include provisions on bills of lading) seeks to afford the …” „… endorsement. Other forms of transfer of the bill of lading may be an assignment of the rights arising under …”

Wolf Müller-Rostin Article 29 Basis of Claims S. 1225-1226

„… , punitive, exemplary or any other non-compensatory damages shall not be recoverable. I. Overview Article 29 …” „… passenger did not constitute an accident as required by Article 17 – then liability can be based on other …” „… provisions. Only where the Montreal Convention applies shall other provisions be excluded.5 Application of …”

Stefan Kröll Article 36 Force Majeure S. 1496-1497

„… regime in Article 35 (1) would conflict with one other fundamental principles of letter of credit law …” „… international letter of credit practice banks have no obligation to translate a credit or amendment or other …” „… of terrorism, or by any strikes or lockouts or any other causes beyond its control. A bank will not …”

Eckart J. Brödermann Article 11.1.8 (Effect of judgment) S. 800-801

„… does not affect: (a) the obligations to the obligee of the other joint and several obligors; or (b) the …” „… rights of recourse between the joint and several obligors under Article 11.1.10. (2) However, the other …” „… relation between the obligee and the other obligors and is thus not binding on the joint and several …”

Lisa Spagnolo Article 14 CISG S. 58-69

„… implicitly fixes or makes provision for determining the quantity and price. (2) A proposal other than one …” „… Spagnolo 59 3 4 primarily by giving one provision priority over the other.23 However, in practice most …” „… multiple principals, or perhaps act for both themselves and others. In such cases uncertainty has generally …”

Stefan Kröll Article 38 Transferable Credits S. 1499-1503

„… to the applicant or to each other depends on the existing contractual provisions or the applicable …” „… acceptance by any other second beneficiary, with respect to which the transferred credit will be amended …” „… the name of the applicant is specifically required by the credit to appear in any document other than …”

Lisa Spagnolo Introduction to Articles 14–24 CISG S. 55-57

„… binding, otherwise there will be sub-optimal investment in reliance.6 In other words, there must be a …” „… of eiusdem generis rule as to othe r modes than the ones expressly mentioned. In particular, it does …” „… proposals. On the other hand, the bar should not be so high that it 1 Mankowski, ‘Introduction Art. 14 CISG …”

Eckart J. Brödermann Article 7.4.13 (Agreed payment for non-performance) S. 695-697

„… the right to damages in Art. 7.4.1, along with the other provisions in Arts. 7.4.2-7.4.13) provides a …” „… from the non-performance and to the other circumstances. A. Function Liquidated damages and penalty …” „… clauses are often key subjects in international negotiations (in a package with other risk exposure …”

Eckart J. Brödermann Article 11.1.4 (Availability of defences and rights of set-off) S. 791-793

„… that are personal to one or several of the other co-obligors. A. A Clear Distinction Between Common …” „… (as expressed in Art. 11.1.4 2nd limb) not those of other obligors.12 Examples: (i) reasons lying …” „… approach of the UNIDROIT Principles is consistent with many national laws18 and diverges from others;19 …”

Tobias Eckardt Article 41 S. 984-986

„… Article 40 Carriers shall be free to agree among themselves on provisions other than those laid …” „… shall not involve the nullity of the other provisions of the contract. (2) In particular, a benefit of …” „… insurance in favour of the carrier or any other similar clause, or any clause shifting the burden of proof …”

Eckart J. Brödermann Article 2.1.18 (Modification in a particular form) S. 519

„… extent that the other party has reasonably acted in reliance on that conduct. A. ‘No Oral Modifications …” „… even if for some time it did tolerate a deviation.2 It is also useful in other contractual scenarios …” „… . 1.11),4 a writing5 (or any other form like a tighter ‘notarial authentication’ or a more lenient …”

Eckart J. Brödermann Article 9.2.8 (Rights related to the obligation transferred) S. 750

„… new obligor all its rights to payment or other performance under the contract in respect of the …” „… by any person other than the new obligor for the performance of the obligation is discharged, unless …” „… that other person agrees that it should continue to be available to the obligee. (3) Discharge of the …”

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

„… are usually not in transit for any length of time.1 Article 16 Formalities of Customs, Police or Other …” „… meet the formalities of customs, police and any other public authorities before the cargo can be …” „… of Article 17 that was consistent with the interpretation adopted by other signatory countries of the …”

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

„… obligations if, after the conclusion of the contract, it becomes apparent that the other party will not …” „… after dispatch of the goods, must immediately give notice of the suspension to the other party and must …” „… continue with performance if the other party provides adequate assurance of his performance. I. Overview …”

Marco Torsello Article 32 CISG S. 175-180

„… other legal systems following the same approach, failing an agreement as to the place of delivery, the …” „… issues, however, are addressed by the CISG, whereas other issues are left to the agreement of the parties …” „… markings on the goods and shipping documents; the list, however, is an open one, and other common means of …”

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

„… in the contract (Art. 1.5), the other party can take control of the timing by setting “a reasonable …” „… tool of defence to the ‘other party’ who neither ‘knew nor ought to have known of that agent’s lack of …” „… authority’ of the agent10 (but relies on its ‘apparent authority’, Art. 2.2.5(2)). If the ‘other party …”

Eckart J. Brödermann Article 6.1.16 (Permission neither granted nor refused) S. 618

„… forms the other party directly.13 Failure to inform may cause damages (possibly even if the …” „… production capacities (→ Art. 7.4.1 et seq.),15 unless the other party has learned about the information (e.g …” „… UNIDROIT Principles also in other contexts, e.g. Arts. 2.1.12, 6.1.1(c)). The assessment of the ‘reasonable …”

Petra Butler Article 46 CISG S. 239-242

„… : “Unless otherwise expressly provided in this Part of the Convention, if any notice, request or other …” „… damages can be claimed cumulative to the other remedies as long as a cumulative damages claim does not …” „… , parties can in cases of force majeure, interruption of business and other similar circumstances modify the …”

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

„… are free from any right or claim of a third party based on industrial property or other intellectual …” „… unaware, provided that the right or claim is based on industrial property or other intellectual property …” „… used in that State; or b. in any other case, under the law of the State where the buyer has his place …”

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

„… , among other contractual or legal obligations, and has not received timely payment. II. Entitlement …” „… claimed on the one hand that it was impossible to waive the debts owed by public bodies and on the other …” „… to other language versions of the Directive, e.g. to the German version, which applies the term …”

Eckart J. Brödermann Article 1.4 (Mandatory rules) S. 486-488

„… finds its limits in derogating agreements of the parties and in other principles.4 Such agreements can …” „… ’ (Art. 3.2.10) and with ‘hardship’ (Art. 6.2.3(4)(b)).6 Other principles permit contract avoidance, due …” „… )), hardship (Art. 6.2.3(4)(a)) or (extreme, often unreasonable) behaviour of the other party (Arts. 7.3.1 and …”

Eckart J. Brödermann Article 7.1.6 (Exemption clauses) S. 637-640

„… equivalent to damages, claim contractual penalties and liquidated damages,31 (iii) ask for any other remedy32 …” „… the legal background of the other party (the grace period concept has a French origin),36 the other …” „… performance substantially different from what the other party reasonably expected may not be invoked if it …”

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

„… other party. (4) Compensation may be claimed for expenses reasonably required to preserve or maintain …” „… Principles, including Art. 3.2.15, applies nonetheless). Art. 3.2.15 does not allow for exceptions other than …” „… international law which is relevant to other kinds of non-contractual claims. See also Morán Bovio/Herrera Art …”

Wolf Müller-Rostin Article 3 Passengers and Baggage S. 1188-1189

„… the territory of another State, an indication of at least one such stopping place. 2. Any other means …” „… Müller-Rostin 14 1 2 such other means is used, the carrier shall offer to deliver to the passenger a written …” „… to the passenger can be substituted by “any other means which preserves the information”. This …”

Petra Butler Article 62 CISG S. 293-294

„… cumulative to the other remedies available to the seller. This allows the seller to require performance and …” „… Article 62 CISG The seller may require the buyer to pay the price, take delivery or perform his other …” „… the obligation at issue. No prior notice of the breach or other particular formality on the part of …”

Erik Evtimov, Tatyana Payosova Article 17 Delivery S. 1148-1149

„… od and the period for carriage for the distance travelled in kilometres (and not in any other unit …” „… place of acceptance. The forwarding period on the other hand is a component of the transit period and …” „… . Article 33 § 6 of the CIM UR allows for other methods of compensation, when the transit period has been …”

Peter Mankowski Article 4 S. 429-430

„… rate instruments.12 On the other hand, anything like “The Uniform Sales Law does not apply to this …” „… entirety, this should incidentally justify any lesser step. But on the other hand, (2) forms part of the …” „… statement of the Convention towards party autonomy17 but for exceptions expressly established in other …”

Peter Mankowski Article 10 S. 435-436

„… been made. Art. 9 deals with the other central aspect of limitation periods apart from the duration …” „… Mankowski 435 1 2 3 4 (2) A claim arising from a defect or other lack of conformity shall accrue on the date …” „… from a defect or any other lack of conformity. Such claims shall adopt the date on which the goods are …”

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

„… recovery costs for different levels of debt.14 IV. Other recovery costs In addition to an entitlement to a …” „… fixed sum to cover internal recovery costs, creditors should also be entitled to reimbursement of other …” „… Article 7 (1) comprises all other contractual terms and practices that have to be evaluated as to whether …”

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

„… avoid that reliance of the other side on the action on the construction site can reasonably be invoked …” „… repeated use by one party and which are actually used without negotiation with the other party. A. A …” „… Principles (Art. 1.6), the possibility to ‘negotiate’ different terms with the other party (e.g. on …”

Eckart J. Brödermann Article 7.1.5 (Additional period for performance) S. 635-636

„… party may by notice to the other party allow an additional period of time for performance. (2) During …” „… and may claim damages but may not resort to any other remedy. If it receives notice from the other …” „… be extended to a reasonable length. The aggrieved party may in its notice provide that if the other …”

Eckart J. Brödermann Article 11.2.4 (Allocation between joint and several obligees) S. 825-827

„… apportioned between the other obligees, unless the circumstances indicate otherwise, e.g. it was agreed (Arts …” „… who has received more than its share must transfer the excess to the other obligees to the extent of …” „… apportionment of the other performance and has no separate claim under para. 2 (→ Art. 11.2.3 no. 7 at C.2). If …”

Gilles Cuniberti Article 30 Effects of insolvency S. 1391-1394

„… creditor shall be entitled to apply for any other forms of interim relief available under the applicable …” „… the time specified in paragraph 2, it has cured all defaults other than a default constituted by 12 …” „… , liquidation or other collective judicial or administrative proceedings, including interim proceedings, in …”

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

„… the contract. (3) The party who fails to perform must give notice to the other party of the impediment …” „… and its effect on its ability to perform. If the notice is not received by the other party within a …” „… Obligor In addition to exclusion of liability due to behaviour of the other party (→ Arts. 7.1.2, 7.1.3),1 …”

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

„… consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 b) Incidental and consequential damages (other loss …” „… Convention, notably Articles 45(1)(b) and 61(1)(b). Damages can be demanded in addition to other remedies …”

Erik Evtimov, Tatyana Payosova Article 31 Liability for wastage in transit S. 1164

„… CIM as “other sums paid in relation to the carriage of the goods” lost or damaged. Fees for experts …” „… , other costs of establishing loss and damage together with court and legal costs are to be shared between …” „… value of the goods, to the exclusion of all other damages. The amount shall be calculated by applying to …”

Erik Evtimov, Tatyana Payosova Article 32 Compensation for damage S. 1164

„… CIM as “other sums paid in relation to the carriage of the goods” lost or damaged. Fees for experts …” „… , other costs of establishing loss and damage together with court and legal costs are to be shared between …” „… value of the goods, to the exclusion of all other damages. The amount shall be calculated by applying to …”

Stefan Kröll Introduction S. 1416-1419

„… 3. The UCP and other relevant provisions …” „… will only be made upon receipt of documents evidencing performance of the contract by the other party …” „… letter of credit is structured. In addition, letters of credit are today also used in several other areas …”

Eckart J. Brödermann Article 1.3 (Binding character of contract) S. 486

„… finds its limits in derogating agreements of the parties and in other principles.4 Such agreements can …” „… ’ (Art. 3.2.10) and with ‘hardship’ (Art. 6.2.3(4)(b)).6 Other principles permit contract avoidance, due …” „… )), hardship (Art. 6.2.3(4)(a)) or (extreme, often unreasonable) behaviour of the other party (Arts. 7.3.1 and …”

Erik Evtimov, Tetyana Payosova Article 5 Mandatory law S. 1089

„… notified to the OTIF General Secretariat. Subject to other provisions of public international law, two or …” „… bi- or multilateral traffic, insofar as this is not prohibited by other rules of international public …” „… involve the nullity of the other provisions of the contract of carriage. Nevertheless, a carrier may …”

Erik Evtimov, Tetyana Payosova Article 61 Apportionment of the carriage charge S. 1125

„… The period of limitation for other actions arising from the contract of carriage shall be one year …” „… , damage or delay in delivery, from the day when delivery took place; c) in all other cases involving the …” „… years. For all other legal actions (e.g. damage to the luggage) the period of limitation constitutes one …”

Stefan Kröll Article 28 Insurance Document and Coverage S. 1486-1488

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6. Other acceptable clauses …” „… and that of the other two documents.6 Coverage The insurance documents must show that it covers the …” „… CIF or CIP value of the goods” provided such value can be determined from the document. In all other …”

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

„… “Zimmermann, Unif. Law Rev. (2011)”) Other Literature Andrews, Neil, Good Fatih Beneath the Surface: The …” „… their legal and commercial potential. This potential often outweighs the trouble of exploiting other …” „… principles (lex mercatoria), and other times they made a choice with due regard of the needs of cross border …”

Eckart J. Brödermann Article 7.3.2 (Notice of termination) S. 662

„… is exercised by notice to the other party. (2) If performance has been offered late or otherwise does …” „… it gives notice to the other party within a reasonable time after it has or ought to have become …” „… ) or, at the other extreme, (ii) without an ‘automatic’ ipso facto termination, e.g. in case of …”

Eckart J. Brödermann Article 11.1.5 (Effect of performance or set-off) S. 794

„… each co-obligor can give the notice (Art. 8.3) “without having to obtain the assent of the other …” „… consent from the other obligors prior to acting towards the obligee) should be covered in separate …” „… discharges the other obligors in relation to the obligee to the extent of the performance or set-off. 29 …”

Stefan Kröll Article 6 Availability, Expiry Date and Place for Presentation S. 1433-1435

„… the documents, which may relate to goods, service or other performances.1 The fixation on documents …” „… with any bank is that of any bank. A place for presentation other than that of the issuing bank is in …” „… for an effective presentation. It follows from Article 6 (a) and other rules relating to presentation …”

Peter Mankowski Article 4 CISG S. 28-30

„… question as to whether the other party agreed to the incorporation of the first party’s Standard Terms and …” „… draw a distinctive line between property issues on the one hand and contract issues on the other hand …” „… . They follow the so-called principle of distinction or Trennungsprinzip. Other legal orders, conversely …”

Klaus Ramming Introduction S. 990-992

„… alia, the rights and obligations of the carrier and the shipper (Chapter II), Bills of Lading and other …” „… with other international conventions on the transport of goods, there are detailed provisions on the …” „… for other shipping unit or two SDR per kilogram of weight (Article 20.1 sentence 1), whichever is the …”

Klaus Ramming Article 8 Liability of the shipper S. 1016-1018

„… in all other circumstances. Rather, the shipper’s liability is determined by the law otherwise …” „… included in Article 7.4. On the other hand, Article 7.5, as opposed to Article 8.1, does not expressly …” „… provisions on the shipper’s liability are not mandatory, the parties are free to agree on other terms in the …”

Klaus Ramming Article 25 Nullity of contractual stipulations S. 1061-1063

„… act or omission by the master of the vessel, the pilot or any other person in the service of the …” „… which deviate from the provisions of CMNI. In line with other international transport law conventions …” „… circumstances. It follows from the concept of Article 25.1 and 25.2 that all other provisions of CMNI not …”

Eckart J. Brödermann Preamble (Purpose of the Principles) S. 477-483

„… other laws of states which are not based on UNCITRAL Model Law, e.g. England) and Hague Lecture 2017, at …” „… law,26 or which are based on international instruments such as the CISG, the Incoterms® or other soft …” „… Under other arbitration law regimes, the access to the UNIDROIT Principles is slightly more complex …”

Peter Csoklich Article 17 S. 938-942

„… liability of the carrier in other circumstances is governed by the applicable national law.1 There are …” „… over and delivery. The liability of the carrier for other damages, including damages which occur before …” „… delivery, as well as personal injury or losses inflicted on other goods than those to be carried, is …”

Eckart J. Brödermann Article 2.1.6 (Mode of acceptance) S. 503-504

„… reconsider or to adjust a condition (e.g. price) is usually not yet a rejection.1 B. Termination by Other …” „… Means Other means of eliminating the effect of an offer include revocation (Art. 2.1.4)2 and lapse of …” „… time (Art. 2.1.7).3 Article 2.1.6 (Mode of acceptance) (1) A statement made by or other conduct of the …”

Klaus Ramming Article 9 Termination of the contract of carriage by the carrier S. 1019-1020

„… to exchange one claim for the other. Normally, based on the national law otherwise applicable to the …” „… provisions of Article 9 nor any other provisions of CMNI are concerned with the shipper’s right to terminate …” „… from one alternative calculation to the other. In case the carrier has brought proceedings against the …”

Erik Evtimov, Tatyana Payosova Article 23 Basis of liability S. 1155-1156

„… In other cases he may also proceed to the sale of the goods if within a reasonable time he has not …” „… absence of instructions. Under this provision, the carrier retains a right to return wastes and other …” „… an order given by the person entitled other than as a result of the fault of the carrier, by an …”

Stefan Kröll Article 7 Issuing Bank Undertaking S. 1436-1439

„… irrespective of any separate undertakings added by other parties involved in the transaction or their actions …” „… upon the presentation by the beneficiary. Even if other banks are involved in the transaction, the …” „… payment acts (Article 7 (a)(i)). In all other cases, the issuing bank additionally also promises to cover …”

Peter Mankowski Article 2 CISG S. 20-23

„… qualifiers.7 Another particularity of (a) when compared to other rules specifically designed for B2C …” „… . They are stopped once a bid is placed without other participants being able to react afterwards. But …” „… which could be taken as allowing for an argument e contrario with regard to other securities, the latter …”

Klaus Ramming Article 3 Taking over, carriage and delivery of the goods S. 1003-1006

„… other obstacle to navigation, which were unforeseeable at the time when the contract of carriage was …” „… the goods will be accepted for transport or delivered at other places, e.g. alongside the vessel or at …” „… , collision or any other obstacle of navigation, if the circumstances were unforeseeable at the time when the …”

Raimond Emde Article 6 S. 1275-1276

„… remuneration or if it should be invalid. In that regard, the other provisions in Chapter III are also relevant …” „… . On the other hand, such a view could lead to unequal treatment of the commercial agent acting in …” „… usually be higher, as they are associated with individual approaches and more complex negotiations. Other …”

Eckart J. Brödermann Article 6.1.14 (Application for public permission) S. 615-616

„… measures necessary to obtain the permission; (b) in any other case the party whose performance requires …” „… (→ e.g. Art. 6.1.16(1)). Although there is no general duty of informing each other about required …” „… ); (iii) other circumstances (with due regard to the factors in Arts. 4.8(2)13 and 5.1.2), e.g. usage (Art …”

Eckart J. Brödermann Article 7.2.4 (Judicial penalty) S. 653-654

„… (‘astreintes’)1 are part of the system (para. 2 provides a counter balance from the perspective of other legal …” „… payment is essential”).9 Other, contractual sanctions should be taken into account and may cause to …” „… policy if a judicial penalty is paid to the other contract party12 (and not to the state).13 Pursuant to …”

Raimond Emde Article 17 S. 1287-1295

„… benefits, review of equitability and limitation to the maximum amount).5 Intermediaries other than agents …” „… to the effect that just because other sales people enjoy no special protection, this would be …” „… business relationships with the principal because of other goods does not rule out that they may be …”

Peter Mankowski Article 6 CISG S. 33-36

„… age to other assets or damage to the protected persons’ commercial ventures, within the CISG. But …” „… other than the CISG is not required.6 If the parties only opt out of the CISG without choosing a …” „… Art. 6 CISG Peter Mankowski 35 6 7 8 9 national-origin rules and clearly nominate the other part of …”

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

„… information; the nature of the information; the apparent importance of the information to the other party).13 …” „… led to conclude the contract by the other party’s unjustified threat which, having regard to the …” „… serious2 as to leave the first party no reasonable alternative’3 and thereby lead the other party to …”

Eckart J. Brödermann Article 6.1.5 (Earlier performance) S. 602-603

„… credit to the obligee, and (ii) bear the risk of insolvency of the obligee)11 before the other party then …” „… obligations if that time has been fixed irrespective of the performance of the other party’s obligations. (3 …” „… prejudice to any other remedy. 9 § 234 Restatement (Second) of Contracts (USA); Vogenauer/Atamer Art. 6.1.4 …”

Tobias Eckardt Article 29 S. 961-962

„… default is committed by the agents or servants of the carrier or by any other persons of whose services he …” „… makes use for the performance of the carriage, when such agents, servants or other persons are acting …” „… within the scope of their employment. Furthermore, in such a case such agents, servants or other persons …”

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

„… contract Additional period for performance – as an option among others UNIDROIT 7.1.5 3 – subsequent …” „… 10.6 4–5 Assignee – defined UNIDROIT 9.3.1 3 Assignment of contracts – advance consent of the other …” „… 4 – requirement of consent of the other party UNIDROIT 9.3.3 – rights transferred with the contract …”

Stefan Kröll Article 16 Discrepant Documents, Waiver and Notice S. 1457-1463

„… not possible, by other expeditious means no later than the close of the fifth banking day following …” „… all other cases, a decision to honour the credit despite a non-compliant presentation may deprive the …” „… interplay of its various paragraphs with other provisions of the UCP. The only direct legal consequence of a …”

Stefan Kröll Article 3 Interpretations S. 1427-1429

„… presenter may either be a beneficiary, a bank or any other party that makes a presentation in the above …” „… signature, perforated signature, stamp, symbol or any other mechanical or electronic method of …” „… facsimile signature, perforated signature, stamp, symbol or any other mechanical or electronic method of …”

Peter Csoklich Article 1 S. 901-905

„… CMR is distinguished from that of the other International Conventions such as the Montreal Convenb) c …” „… persons or goods upon road other than vehicles running on rails or connected to electric conductors …” „… .2324 According to court decisions in other states this exemption only applies to the transport of used …”

Erik Evtimov, Tatyana Payosova Article 6 Contract of carriage S. 1134-1138

„… involve the nullity of the other provisions of the contract of carriage. Nevertheless, a carrier may …” „… doubt as to the legal nature of the CMR contract of carriage as a consensual contract. On the other hand …” „… , by an accounting machine entry or in any other appropriate manner. Article 6 § 3 of the CIM UR …”

Lisa Spagnolo Article 16 CISG S. 74-78

„… depend on other circumstances.14 That the time period set is unreasonable will not necessarily preclude …” „… behaviour.20 Article 16(2)(b) clearly requires an act induced by the offer. In other words the offeree must …” „… ‘reach’ the offeror to be effective, other than in exceptional circumstances in Art. 18(3), thus …”

Klaus Ramming Article 24 Limitation of actions S. 1056-1060

„… , if the notice is delayed beyond the 21-day-period or it is flawed in any other way, Article 23.5 …” „… delivered (→ Art. 3.1); to the carrier’s claim for freight and other amounts due under the contract of …” „… only continues a certain period of time after negotiations are terminated. Other typical cases where …”

Raimond Emde Article 18 S. 1296-1298

„… , the national legislature, contrary to other views,1 is not free to regulate the limitation of the …” „… . On the other hand, the proviso of equitability may result in the extensive taking of evidence …” „… rule – are based on the autonomous and voluntary decision of the female commercial agent. On the other …”

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

„… a ‘reasonable’ price into the discretion of the other party. For example, this can build trust at …” „… ’ by which any of the parties has the choice to pay the price offered by the other party and to receive …” „… the obligor’s share or to transfer its own share of the company to the other party and to receive the …”

Article 29 Additional national provisions S. 1065-1067

„… plant or any other authorized party is responsible for damages arising from the nuclear incident. The …” „… authorized person who is liable and that all other parties involved are not responsible. In any event, this …” „… other international private law conventions. It lays down a number of international private law …”

Gilles Cuniberti Article 57 Subsequent declarations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 60 Transitional provisions 1. Unless otherwise declared by a Contracting State at any time, the …”

Gilles Cuniberti Article 58 Withdrawal of declarations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 60 Transitional provisions 1. Unless otherwise declared by a Contracting State at any time, the …”

Gilles Cuniberti Article 59 Denunciations S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 60 Transitional provisions 1. Unless otherwise declared by a Contracting State at any time, the …”

Gilles Cuniberti Article 60 Transitional provisions S. 1413

„… Article 57 Subsequent declarations 1. A State Party may make a subsequent declaration, other than a …” „… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… 60 Transitional provisions 1. Unless otherwise declared by a Contracting State at any time, the …”

Lisa Spagnolo Article 20 CISG S. 102-104

„… period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous …” „… official holidays and non-business days in other jurisdictions, or indeed, in regions within them.23 …” „… by other instantaneous communications methods), e.g., 10 days, then unless a contrary intention …”

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

„… 41 Other actions In all cases where these Uniform Rules shall apply, any action in respect of …” „… or other persons for whom the carrier is liable pursuant to Article 40. The main objective of Article …” „… against the owner of the goods, otherwise the latter could still appeal to a third party as formal …”

Erik Evtimov, Tatyana Payosova Article 49 Settlement of accounts S. 1176

„… of the transit period, from the day when delivery took place; c) in all other cases, from the day …” „… , charges or other costs arising out of the contract of carriage must pay to the carriers concerned their …” „… counter-claim or relied upon by way of exception. Otherwise, the suspension and interruption of periods of …”

Erik Evtimov, Tetyana Payosova Article 13 Examination S. 1097

„… conditions and, on the other hand, the protection of the passenger, whose luggage cannot be inspected at any …” „… formalities The passenger must comply with the formalities required by customs or other administrative …” „… otherwise provided by the laws and prescriptions of each State. Article 14 of the CIV UR deals only with the …”

Erik Evtimov, Tetyana Payosova Article 14 Completion of administrative formalities S. 1097

„… conditions and, on the other hand, the protection of the passenger, whose luggage cannot be inspected at any …” „… formalities The passenger must comply with the formalities required by customs or other administrative …” „… otherwise provided by the laws and prescriptions of each State. Article 14 of the CIV UR deals only with the …”

Eckart J. Brödermann Article 2.1.22 (Battle of forms) S. 524

„… delay informs the other party, that it does not intend to be bound by such a contract. A. A Favor …” „… 2.1.611 and/or avoid contract conclusion on the basis of standard terms of the other party12 (Art. 1.5 …” „… (modified acceptance) to competing standard terms which upholds the contract (favour contractus)1 otherwise …”

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

„… its right to appoint an arbitrator irrespective of the organization of the other companies, which …” „… Co Ltd v Cleaves & Company Ltd and Others [2003] EWHC 2602 (Comm.), 40-45, and in note 143 to ECJ …” „… so empowered under the contract.5 Otherwise, the clause or sometimes even the contract is invalid6 …”

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

„… performance within a period fixed or otherwise within a reasonable period of time may invoke any other remedy …” „… respect to others, the arbitration tribunal may argue that the parties, by choosing the UNIDROIT …”

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

„… document other than a bill of lading is used, submit this document, which shall include the new …” „… ]). In other cases, when transport documents including consignment notes are issued, the relevant …” „… scheduled place of delivery, unless the contract of carriage provides otherwise. Introduction Article 15 is …”

Erik Evtimov, Tatyana Payosova Article 11 Examination S. 1142

„… exhaustive. Other transport costs in the sense of transport charges can be agreed between the parties. An …” „… other, more far-reaching forms, according to the demands of international trade (e.g. → Incoterms®).1 …” „… State where the examination takes place provide otherwise. If the consignment does not correspond with …”

Eckart J. Brödermann Article 7.4.6 (Proof of harm by current price) S. 685

„… price at such other place that appears reasonable to take as a reference. A. Function of Art. 7.4.6 …” „… Like the other provisions in Arts. 7.4.2-7.4.13, Art. 7.4.6 contributes to the specification of the …” „… rendered’ (it may be a “price on an organised market”,7 if any; otherwise professional organisations and …”

Eckart J. Brödermann Article 11.1.2 (Presumption of joint and several obligations) S. 789

„… It is consistent with (i) Art. 10:102(1) PECL and other European model laws6 and (ii) several major …” „… national laws from which the Working Group took inspiration.7 As other domestic laws operate with a …” „… the circumstances indicate otherwise. A. A Default Rule Art. 11.1.2 provides a default rule1 (which …”

Petra Butler Article 59 CISG S. 288

„… comply with any other formalities. Article 59, therefore, clarifies that paying late is a breach of the …” „… . Article 59 embodies one of the CISG’s general principles (Art. 7(2)) and is applicable to other monetary …” „… , or otherwise determinable, time without need for the seller to remind the buyer of the payment or to …”

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

„… characteristics or the packaging of the goods. Defects in title on the other hand can usually be traced to the …” „… of consumers, workers, the environment, etc.) better than the seller. The seller on the other hand …” „… other jurisdictions33 have followed the German court’s reasoning. However, there are three exceptions to …”

Petra Butler Article 52 CISG S. 274-278

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Relation to other provision …” „… rejection is not available to the buyer for any other cases of non-conformity.4 Thus, the buyers can remedy …” „… “standard” non-conformities only through the regular remedies of Article 45.5 Relation to other provision …”

Tobias Eckardt Article 23 S. 951-954

„… The sender, on the other hand, is liable to the carrier21 for all costs and losses regardless of …” „… charges, customs duties and other charges incurred in respect of the carriage of the goods shall be …” „… parts of a cargo which were not lost.21 In all other cases the weight and value of the lost part of the …”

Stefan Kröll Article 10 Amendments S. 1444-1445

„… authenticity. In all other cases the advising bank has to inform the beneficiary or any other bank advised …” „… . Article 10 Amendments a. Except as otherwise provided by article 38, a credit can neither be amended nor …”

Klaus Ramming Article 16 Liability for loss S. 1035-1039

„… damage to the goods or for delay in delivery follow the traditional scheme found in all other current …” „… sentence 2, delivery to a person other than the person entitled to the goods, i.e. the consignee, is deemed …” „… may also be able to raise other exclusions, such as limitation clauses validly agreed in the contract …”

Stefan Kröll Article 31 Partial Drawings or Shipments S. 1490-1491

„… )). Second, where the credit relates to commodities or other bulk items that are normally not delivered in …” „… prohibits partial shipment and none of the two other paragraphs of Article 30 is applicable. For certain …” „… general rule stipulated in Article 31(a) partial shipments and drawings are allowed unless otherwise …”

Eckart J. Brödermann Article 10.6 (Suspension by arbitral proceedings) S. 775-776

„… C. Contractual Options Arts. 10.6-10.8 provide for other events which will suspend the limitation …” „… period is suspended until one party or the other refuses to continue the negotiations. The claim is …” „… proceedings have been otherwise terminated. A. Adaptation of the Concept of Suspension to Arbitration Art …”

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

„… and 10.6 apply with appropriate modifications to other proceedings whereby the parties request a third …” „… the other party or the conciliator/mediator) that further ADR efforts are deemed as fruitless or that …” „… (ii) ‘until the proceedings have been otherwise terminated’, e.g. by withdrawal, settlement or an …”

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 …” „… (automatic) renewal or other statement indicating the intent of non-renewal, but in any case an uncertain …” „… the commercial agent. 5. Unless otherwise agreed by the parties, the end of the period of notice must …”

Lisa Spagnolo Article 17 CISG S. 79-80

„… offer cannot lead to damages or other remedies such as an injunction at domestic law. This is because …” „… This provision clarifies and protects an offeror’s ability to deal with others after rejection, free …” „… domestic laws which might otherwise allow for a remedy upon revocation are necessarily displaced by the …”

Eckart J. Brödermann Article 7.3.3 (Anticipatory non-performance) S. 663-664

„… by that party, the other party may terminate the contract. 11 As compared to the relevant time period …” „… provokes the other side to announce the same, only the latter is entitled to terminate the contract under …” „… has lapsed (otherwise → Arts. 7.3.3 and 7.3.4), or (ii) “learns from another source” that the …”

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

„… believes that there will be a fundamental non-performance by the other party may demand adequate assurance …” „… expects a fundamental non-performance by the other party, i.e. the obligor (→ Art. 1.11 4th hyphen). In …” „… the case may provide otherwise with regard to the good faith principle (Art. 1.7(1)). (ii) Contents …”

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

„… accordance with the document of carriage or with the record preserved by the other means referred to in …” „… Company of North America v Federal Express 189 F 3 d 914 (9th Cir 1999); courts in Germany, on the other …” „… actually caused the damage or against the carrier at destination. To hold otherwise would unfairly require …”

Klaus Ramming Article 12 Reservations in transport documents S. 1027-1029

„… sealed by other persons than the carrier, his servants or his agents, and if neither the container nor …” „… person other than the carrier, his servants or his agents. This may, in particular, apply to the shipper …” „… . IV. Sealed containers or holds (Article 12.3) Article 12.3 is a very unusual provision not otherwise …”

Klaus Ramming Article 2 Scope of application S. 1000-1002

„… , perhaps together with cargo provided by other shippers. Here, the container does not form part of the …” „… 2.2. All other requirements for the application of the Convention need to be satisfied, in particular …” „… agree otherwise and e.g. may require that certain communication must be by letter sent by courier or …”

Sebastian Omlor Article 29 CISG S. 153-155

„… provision to the extent that the other party has relied on that conduct. I. Systematic and teleological …” „… the other party’s confidence in the validity of a non-written modification or termination 3. 1. 2. 11 …” „… provision requiring any modification or termination by agreement to be in writing may not be otherwise …”

Peter Csoklich Article 8 S. 918-920

„… (1) CMR does not contain a checking duty with respect to other entries in the consignment note …” „… , para. 7; Hill/Messent/Glass, CMR, p 77; Loewe, ETL 1976, para. 104; Putzeys, CMR, para. 420. Other …” „… the gross weight of the goods or their quantity otherwise expressed. He may also require the contents …”

Petra Butler Article 60 CISG S. 289-291

„… issue a release order. The buyer’s duty under Article 60(a) has to be distinguished from other ancillary …” „… regard to the breach of the buyer’s other ancillary duties.17 Refusal to take delivery The buyer cannot …” „… costs for those activities, unless otherwise agreed between the parties or if to do so would be contrary …”

Eckart J. Brödermann Article 7.4.9 (Interest for failure to pay money) S. 689-692

„… with interest, contribute jointly with the other provisions in Arts. 7.4.2-7.4.13 to the specification …” „… rate which is payable irrespective of the loss suffered or gain made by the other party.22 In three …” „… more traditional approach16 will command otherwise to apply the national law as determined by the …”

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 …”

Peter Csoklich Article 2 S. 906-909

„… goods which occurs during the carriage by the other means of transport was not caused by an act or …” „… reason of the carriage by that other means of transport, the liability of the carrier by road shall be …” „… determined not by this Convention but in the manner in which the liability of the carrier by the other means …”

Eckart J. Brödermann Article 9.3.6 (Defences and rights of set-off) S. 757-758

„… B. Modalities of Execution To exercise options 1 to 3, the other party needs to communicate by a(n …” „… declaration of the other party and which has therefore itself an interest in clear communication and evidence …” „… of the discharging declaration). To exercise option 4 (→ no. 1), the other party does not need to do …”

Eckart J. Brödermann Article 8.2 (Foreign currency set-off) S. 706-708

„… the obligee as compared to the other creditors of the other party (which may be excluded by a …” „… certain conditions as ‘money or other performances of the same kind’ as required by Art. 8.1(1).2 It …” „… (iii) the other general conditions for set-off set forth in Art. 8.1 (→ no. 6 et seq. at D …”

Gilles Cuniberti Article 53 Determination of courts S. 1412

„… applied partly, or otherwise which other forms of interim relief will be applied. Australia and New …”

Gilles Cuniberti Article 54 Declarations regarding remedies S. 1412

„… applied partly, or otherwise which other forms of interim relief will be applied. Australia and New …”

Gilles Cuniberti Article 55 Declarations regarding relief pending final determination S. 1412

„… applied partly, or otherwise which other forms of interim relief will be applied. Australia and New …”

Gilles Cuniberti Article 56 Reservations and declarations S. 1412

„… applied partly, or otherwise which other forms of interim relief will be applied. Australia and New …”

Erik Evtimov, Tatyana Payosova Article 9 Dangerous goods S. 1141

„… consignor and the carrier, the costs (the carriage charge, incidental costs, customs duties and other costs …” „… Article 32 of the Rotterdam Rules). Article 10 Payment of costs Unless otherwise agreed between the …”

Erik Evtimov, Tatyana Payosova Article 10 Payment of costs S. 1141

„… consignor and the carrier, the costs (the carriage charge, incidental costs, customs duties and other costs …” „… Article 32 of the Rotterdam Rules). Article 10 Payment of costs Unless otherwise agreed between the …”

Wolf Müller-Rostin Article 48 Mutual Relations of Contracting and Actual Carriers S. 1241

„… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Wolf Müller-Rostin Article 49 Mandatory Application S. 1241

„… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Wolf Müller-Rostin Article 50 Insurance S. 1241

„… otherwise, including the rights to recover in an action for recourse or indemnification.1 Chapter VI Other …”

Gilles Cuniberti Article 15 Derogation S. 1382

„… relevant legal system. Article 15 Derogation In their relations with each other, any two or more of the …” „… establishment of the International Registry; (b) except as otherwise provided by the Protocol, appoint and …”

Gilles Cuniberti Article 16 The International Registry S. 1382

„… relevant legal system. Article 15 Derogation In their relations with each other, any two or more of the …” „… establishment of the International Registry; (b) except as otherwise provided by the Protocol, appoint and …”

Gilles Cuniberti Article 17 The Supervisory Authority and the Registrar S. 1382

„… relevant legal system. Article 15 Derogation In their relations with each other, any two or more of the …” „… establishment of the International Registry; (b) except as otherwise provided by the Protocol, appoint and …”

Gilles Cuniberti Article 31 Effects of assignment S. 1395

„… preceding paragraph other than defences arising from fraudulent acts on the part of the assignee. 5. In the …” „… Effects of assignment 1. Except as otherwise agreed by the parties, an assignment of associated rights …”

Gilles Cuniberti Article 32 Formal requirements of assignment S. 1395

„… preceding paragraph other than defences arising from fraudulent acts on the part of the assignee. 5. In the …” „… Effects of assignment 1. Except as otherwise agreed by the parties, an assignment of associated rights …”

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

„… CISG1 and provides a similar compromise solution as some other laws, such as the US law.2 Para. 2 is an …” „… well as an (otherwise non binding) ‘agreement to negotiate’ certain open terms in the future may amount …” „… otherwise fall under Art. 2.1.4(2). It correlates with the rule in Art. 2.1.10 for withdrawal of acceptance …”

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

„… CISG1 and provides a similar compromise solution as some other laws, such as the US law.2 Para. 2 is an …” „… well as an (otherwise non binding) ‘agreement to negotiate’ certain open terms in the future may amount …” „… otherwise fall under Art. 2.1.4(2). It correlates with the rule in Art. 2.1.10 for withdrawal of acceptance …”

Peter Csoklich Article 10 S. 922-923

„… shall be liable to the carrier for damage to persons, equipment or other goods, and for any expenses due …” „… other goods loaded unto the vehicle. Though not explicitly stated in the CMR, the underlying concept of …” „… condition of packing (→ Art. 17 para. (4) lit. b) CMR) and, on the other hand, the sender is liable for …”

Peter Csoklich Article 3 S. 910

„… other persons of whose services he makes use for the performance of the carriage, when such agents …” „… , servants or other persons are acting within the scope of their employment, as if such acts or omissions …” „… for those of other persons connected to the transport. Comparable provisions on the vicarious …”

Eckart J. Brödermann Article 3.1.1 (Matters not covered) S. 535

„… limitation periods (Chapter 10) for which the UNIDROIT Principles provide rules. Many other questions are …” „… qualified otherwise by the applicable private international law (of the competent state court or arbitration …”

Erik Evtimov, Tetyana Payosova Article 18 Registration and carriage S. 1100

„… luggage. In other respects the registration of luggage shall be carried out in accordance with the …” „… . Article 18 Registration and carriage Save where the General Conditions of Carriage otherwise provide …”

Erik Evtimov, Tetyana Payosova Article 19 Payment of charges for the carriage of registered luggage S. 1100

„… luggage. In other respects the registration of luggage shall be carried out in accordance with the …” „… . Article 18 Registration and carriage Save where the General Conditions of Carriage otherwise provide …”

Erik Evtimov, Tatyana Payosova Article 4 Derogations S. 1133

„… exclusively between two stations on either side of the frontier, when there is no other station between them …” „… avoid different interpretations and to shorten the wording of provisions otherwise contained in the …”

Stefan Kröll Article 25 Courier Receipt, Post Receipt or Certificate of Posting S. 1483

„… courier service evidencing that courier charges are for the account of a party other than the consignee. c …” „… ment. Otherwise the date of the issuance of the document will be deemed to be the date of shipment …”

Eckart J. Brödermann Article 6.1.13 (Imputation of non-monetary obligations) S. 615

„… measures necessary to obtain the permission; (b) in any other case the party whose performance requires …” „… indicate otherwise (a) if only one party has its place of business in that State, that party shall take the …”

Erik Evtimov, Tatyana Payosova Article 5 Mandatory law S. 1134

„… involve the nullity of the other provisions of the contract of carriage. Nevertheless, a carrier may …” „… Unless provided otherwise in these Uniform Rules, any stipulation which, directly or indirectly, would …”

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

„… , at the time of the conclusion of the contract, the contract or term unjustifiably gave the other …” „… party an excessive advantage. Regard is to be had, among other factors, to (a) the fact that the other …” „… , provided that that party informs the other party of its request promptly after receiving such notice and …”

Eckart J. Brödermann Article 4.3 (Relevant circumstances) S. 564-565

„… Article 4.2 (Interpretation of statements and other conduct) (1) The statements and other conduct …” „… of a party shall be interpreted according to that party’s intention if the other party knew or could …” „… statements and other conduct shall be interpreted according to the meaning that a reasonable person of the …”

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

„… principal or the agent on the one hand, and the third party on the other. (3) It does not govern an agent’s …” „… to the otherwise applicable law4 (including e.g. in the EU member states national law based on the …”

Raimond Emde Article 16 S. 1286

„… Nevertheless, it remains unclear what the legal consequences should be if the Member State's law defines other …” „… “goodwill” which forms the point of attachment of Article 17 of the Directive.5 Otherwise, the principal …”

Stefan Kröll Article 27 Clean Transport Document S. 1485

„… are acceptable but also all other clauses having the same effect. Pursuant to Article 26 (c …” „… c. A transport document may bear a reference, by stamp or otherwise, to charges additional to the …” „… in case of non-containerized heavy cargo shipments. Otherwise, the filling out of the relevant fields …”

Peter Mankowski Article 11 S. 437

„… made to the other party. If the contract is not declared to be terminated before performance be- 11 …” „… certain period of time, whether expressed in terms of a specific period of time or otherwise, the …”

Peter Mankowski Article 26 S. 450

„… defence or for the purposes of set-off against a claim asserted by the other party. This pays regard to …” „… element otherwise alien to certain national legal systems. Article 26 Where the debtor performs his …”

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

„… undisclosed principle’) and other (civil law) solutions (like ‘indirect agency’).2 B. Only a Relation with …” „… ‘ought to have known’’).1 It also supposes that the agent respects its scope of authority (otherwise Art …”

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

„… fulfilment is entirely24 (not: partly; ‘mixed conditions’ – which also depend on other factors - are valid)25 …” „… . 3.3.1–3.3.2);21 (iii) agreements on certain time clauses (‘terms’);22 (iv) unless otherwise agreed (Art. 1.5), a …” „… parties otherwise agree: (a) the relevant contract or contractual obligation takes effect upon fulfilment …”

Eckart J. Brödermann Article 6.1.4 (Order of performance) S. 601

„… damages (Art. 7.4.1).24 If performance of the remainder is impossible or may not be requested for other …” „… them simultaneously unless the circumstances indicate otherwise. (2) To the extent that the performance …” „… , unless the circumstances indicate otherwise. A. Principle of Simultaneous Performance Based on the do ut …”

Eckart J. Brödermann Article 6.1.17 (Permission refused) S. 619

„… there are other reason- 1. 2. 9 Morán Bovio/Parra Art. 6.1.16 at p. 311 (para. 5). 10 Vogenauer/Atamer …” „… . 3.2.13;10 circumstances may indicate otherwise (e.g. another understanding of the parties).11 Article 6.1.17 …” „… ”2 (para. 1 sentence 1). Otherwise, the contract may provide some rights under the ‘flexible …”

Eckart J. Brödermann Article 7.4.10 (Interest on damages) S. 693

„… prove other damage, Art. 7.1.10 may provide a useful tool in the case scenarios of additional time …” „… Article 7.4.10 (Interest on damages) Unless otherwise agreed, interest on damages for …” „… . Application Acccording to this default rule (‘Unless otherwise agreed’), interest accrues ‘as from the time of …”

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

„… passing of risk (usually the seller) must prove that its preconditions are fulfilled.34 The other party …” „… with the handover to the first carrier.13 Others argue that the risk should ‘fall back’ to the point in …” „… given to the buyer or otherwise. I. Overview …”

Sebastian Omlor Article 26 CISG S. 143-145

„… the other side, does as such not amount to a fundamental breach. Likewise, a slight inaccuracy in the …” „… . Second, the lack of other documents that are indispensable for a processing or resale of the goods …” „… CISG A declaration of avoidance of the contract is effective only if made by notice to the other party …”

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

„… , the consignee as such third party beneficiary shall be entitled to seek compensation for other …” „… . Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as …”

Eckart J. Brödermann Article 2.1.17 (Merger clauses) S. 518

„… reliance of the other party on the merger clause would constitute inconsistent behaviour.11 Inversely, the …” „… statements or agreements may be used ‘to interpret’ the contract (sentence 2)5 unless otherwise agreed in the …” „… , Art. 2.1.18).8 Unless explicitly provided otherwise, a merger clause does not exclude the application …”

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

„… issues of ”no prior assignments” (unless disclosed)7 and ”no other rights or claims from third parties”;8 …” „… as otherwise disclosed to the assignee, that: (a) the assigned right exists at the time of the …” „… anyhow and on which a well advised assignee would otherwise insist upon his own inititive).2 They relate …”

Eckart J. Brödermann Article 10.10 (Right of set-off) S. 782

„… recognise at all the claim of the other side and a set-off would signal (partial) recognition of an …” „… limitation period pursuant to Arts. 10.2 and 10.9(2) (either within a legal proceeding or otherwise in a …”

Eckart J. Brödermann Article 11.1.9 (Apportionment among joint and several obligors) S. 802

„… (b) now seeks a contributory claim under Art. 11.1.10 against another obligor, that other obligor …” „… equal shares, unless the circumstances indicate otherwise. A. The Foundation for Contributory Claims …” „… obligors2 (‘unless the circumstances indicate otherwise’), Art. 11.1.9 provides the apportionment in equal …”

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

„… other party (as obligee of the obligation involved in the assignment of a contract) to (wholly or …” „… security ‘granted by any person other than the new obligor’ and therefore usually by a third party.17 (ii …” „… ) Pursuant to Art. 9.2.8(2) (2 d limb) the security can be maintained with the consent of ‘that other [i.e …”

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

„… notice to the other party. A. Avoiding a Cultural Clash As the approach to avoidance varies (e.g. the …” „… French based civil laws require the decision of a court;1 others may provide for an automatic effect),2 …” „… understanding of the mistaken party starts the short time period under Art. 3.2.10 for the other party to save …”

Erik Evtimov, Tatyana Payosova Article 30 Compensation for loss S. 1162-1163

„… pay, to the exclusion of all other damages, compensation calculated according to the commodity …” „… intentionally chose to have higher standards of compensation in comparison to other modes, as they largely …” „… removable parts, the compensation shall be limited, to the exclusion of all other damages, to the usual …”

Peter Mankowski Article 1 S. 422-424

„… Article 1 (1) This Convention shall determine when claims of a buyer and a seller against each other …” „… his claim, to give notice to the other party or perform any act other than the institution of legal …” „… the relationship between a buyer and a seller against each other, serve to exclude from the coverage …”

Peter Mankowski Article 90 CISG S. 405-406

„… clause solving competing claims to apply by the CISG on the one hand and other international agreements …” „… on the other hand. In principle it gives way to such other international agreements, may that operate …” „… avenue outlined by → Art. 1 (1) (a) CISG and regardless whether the other international agreements …”

Peter Mankowski Article 81 CISG S. 381-383

„… contract for the settlement of disputes or any other provision of the contract governing the rights and …” „… contract either wholly or in part may claim restitution from the other party of whatever the first party …” „… subsidiarily applicable lex causae.2 On the other hand they apply per analogiam to avoidance based on …”

Eckart J. Brödermann Article 7.3.6 (Restitution with respect to contracts to be performed at one time) S. 669-671

„… allowance in money if the impossibility to make restitution in kind is attributable to the other party. (4 …” „… ) which a party has provided to the other party prior to performance. (ii) In the case of terminations …” „… . 2 is excluded in case of fault of the other party (making restitution in kind impossible prior to …”

Petra Butler Article 65 CISG S. 296-297

„… ; or (b) in respect of any breach other than late performance by the buyer, within a reasonable time …” „… contract the buyer is to specify the form, measurement or other features of the goods and he fails to make …” „… request from the seller, the seller may, without prejudice to any other rights he may have, make the …”

Section 2 Registered luggage S. 1111-1115

„… or other administrative authorities. Article 35 establishes a link to Article 10 and 14 of the CIV UR …” „… given by the passenger other than as a result of the fault of the carrier, by an inherent defect in the …” „… is brought against the servants or any other persons whose services the substitute carrier makes use …”

Eckart J. Brödermann Article 9.3.2 (Exclusion) S. 753

„… the consent of the ‘other party’, Art. 9.3.3.6 This implies that the transfer becomes effective only …” „… by the other party (Arts. 9.3.5(2) and (3)). Absent any restriction in the regime of the UNIDROIT …” „… sum of money or any other kind of performance.9 Article 9.3.2 (Exclusion) This Section does not apply …”

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

„… (usually also with respect to other obligors, if any, under Art. 11.1.6, see also 11.2.3(2)). B. Action …” „… titre gratuit’)8 to the other party is deemed to be accepted by fiction9 unless the obligor (Art. 1.11 …” „… are subject to any conditions or other limitations under the agreement. A. Concentration on Contracts …”

Peter Mankowski Article 92 CISG S. 407-408

„… III. Disconnection clauses in competing international agreements If the other international …” „… applies, too, if the scope of the other international agreement is not opened in a concrete case. There is …” „… . Technically and verbally only states who have signed the CISG, can ratify it. Other states can only accede …”

Eckart J. Brödermann Article 11.2.2 (Effects of joint and several claims) S. 818-819

„… F. Options to Agree on Other Concepts The parties are free to agree on another kind of obligation …” „… the other obligees. 55 Vogenauer/Meier Art. 11.2.1 no. 30. 56 Vogenauer/Meier Art. 11.2.1 no. 31-33 …” „… , on the other hand’, ibidem) which was rejected by the Working group, see Fontaine, Unif. Law Rev …”

Stefan Kröll Article 2 Definitions S. 1422-1426

„… cover other undertakings or actions which are related to the credit but are – on a narrow reading – not …” „… . Negotiation means the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank …” „… nominated bank or the documents so delivered. Presenter means a beneficiary, bank or other party that makes …”

Peter Mankowski Article 84 CISG S. 388-391

„… 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 …” „… the other’s avoidance.2 Claims generated by Art. 84 pursue other goals, namely restitution, than …”

Stefan Kröll Article 23 Air Transport Document S. 1479-1480

„… will be deemed to be the date of shipment. Any other information appearing on the air transport …” „… with all other transport documents the date of issuance is considered to be the date of shipment …” „… notation can be a stamp or any other subsequently added information. Adding flight numbers, dates or other …”

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

„… the new obligor By referring to a ‘security granted by any person other than the new obligor …” „… arising out of a contract with another person (the “other party”). 2. 3. 8 Vogenauer/Mazza Art. 9.2.8 no …” „… (→ Chapter 9, Introduction no. 2), and (c) the other party who is privy to the initial contract containing …”

Wolf Müller-Rostin Overview S. 1237

„… other carriers using other modes of transport to insert conditions regarding other modes of transport …” „… Performed by a Person other than the Contracting Carrier Overview Chapter V (Articles 39-48) incorporates …” „… International Carriage by Air Performed by a Person Other than the Contracting Carrier). Art. 39 Montreal …”

Wolf Müller-Rostin Article 39 Contracting Carrier – Actual Carrier S. 1237

„… other carriers using other modes of transport to insert conditions regarding other modes of transport …” „… Performed by a Person other than the Contracting Carrier Overview Chapter V (Articles 39-48) incorporates …” „… International Carriage by Air Performed by a Person Other than the Contracting Carrier). Art. 39 Montreal …”

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

„… Transfer of Obligations Article 9.2.1 (Modes of transfer) An obligation to pay money or render other …” „… are free to reduce or expand the number of undertakings (‘except as otherwise disclosed to the …” „… Otherwise, the original obligor remains in charge (Art. 9.2.5(3)).11 C. Agreement between the Obligee and …”

Eckart J. Brödermann Article 3.2.10 (Loss of right to avoid) S. 549-550

„… the contract for mistake but the other party declares itself willing to perform or performs the …” „… concluded as the latter party understood it. The other party must make such a declaration or render such …” „… . 3.2.1 no. 2 (B.vii.). Art. 3.2.10 does not apply to joint mistakes.2 B. Right of the Other Party to …”

CISG Marco Torsello Article 34 S. 186-189

„… performance to give immediately notice of the suspension to the other party (Article 71(3) CISG); failing such …” „… on a failure of the other party to perform, to the extent that such failure was caused by the first …” „… unreasonable inconvenience or expense.42 On the other hand, if the buyer takes delivery without any objection …”

Eckart J. Brödermann Article 5.1.5 (Determination of kind of duty involved) S. 577

„… shall be had, among other factors, to (a) the way in which the obligation is expressed in the contract …” „… ; (b) the contractual price and other terms of the contract; (c) the degree of risk normally involved …” „… in achieving the expected result; (d) the ability of the other party to influence the performance of …”

Erik Evtimov, Tatyana Payosova Article 15 Completion of administrative formalities S. 1146

„… formalities required by customs and other administrative authorities, to be completed before delivery of the …” „… ask a) to be present himself or to be represented by an agent when the customs or other administrative …” „… complete the customs or other administrative formalities himself or to have them completed by an agent, in …”

Eckart J. Brödermann Article 11.1.1 (Definitions) S. 786-788

„… ) affect the obligation of the other obligors? (→ Arts. 11.1.5-11.1.8) (iii) To what extent, if any, can an …” „… obligor who has performed (wholly or partially) to the obligee request a contribution from the other …” „… other forms of obligations5 which are left to contract (Art. 1.5; below D.). Art. 11.1.2 provides a …”

Eckart J. Brödermann Article 11.1.10 (Extent of contributory claim) S. 803-805

„… 75% of goods are delivered to him) and 25% to the other obligor B, both acting jointly as joint and …” „… and several obligor who has performed more than its share may claim the excess from any of the other …” „… knowledge of the commitment of the other obligors”2 (→ Art. 11.1.1 no. 3). The action of the obligors …”

Gilles Cuniberti Article 43 Jurisdiction under Article 13 S. 1404-1405

„… , but also other contracts falling within the scope of the Convention, such as subordination or …” „… parties or the transaction. Art 42 should be interpreted as excluding other substantive requirements which …” „… writing. Art 42 might conflict with other international instruments applicable in the contracting States …”

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

„… the parties) Each party shall cooperate with the other party when such co-operation may reasonably be …” „… Comments, “there are many instances in which the parties may be requested to cooperate with each other in …” „… cure non-performance under Art. 7.1.411 and generally not to obstruct the other party’s efforts to …”

Eckart J. Brödermann Article 6.1.6 (Place of performance) S. 604-605

„… performance by an early set-off.15 C. Other Remedies As additional costs are explicitly covered by para. 3 …” „… , other remedies as a result of early performance will relate mainly to damages, if any, under Art. 7.4.1 …” „… ) any other obligation, at its own place of business. (2) A party must bear any increase in the expenses …”

Klaus Ramming Article 19 Calculation of compensation S. 1045-1046

„… contract of carriage. Delivery to a person other than the person entitled is deemed to be a loss. 2. In the …” „… value of the goods and does not extend to other heads of claim such as loss of profit. Article 19.1 …” „… sentence 2 clarifies that delivery of the goods to a person other than the person entitled to claim is …”

Wolf Müller-Rostin Article 12 Right of Disposition of Cargo S. 1195

„… , in other documents or correspondence. Article 12 Right of Disposition of Cargo 1. Subject to its …” „… destination or in the course of the journey to a person other than the consignee originally designated, or by …” „… disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses …”

Wolf Müller-Rostin Article 20 Exoneration S. 1215

„… Regulation and the Convention complemented each other. This sounds like a very artificial distinction, since …” „… negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he …” „… other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability …”

Article 31 National transport or transport free of charge S. 1069

„… contracting state which is bound by the declaration. However, Article 30.1 sentence 1 allows every other …” „… between the Swiss border and Rheinfelden. No other contracting state has filed a declaration under Article …” „… other contracting states to the effect that e.g. courts or other contracting states would directly apply …”

Erik Evtimov, Tatyana Payosova Article 7 Wording of the consignment note S. 1139

„… transport units, the category, the number or other characteristics necessary for their identification; m …” „… ) the gross mass or the quantity of the goods expressed in other ways; n) a detailed list of the …” „… documents which are required by customs or other administrative authorities and are attached to the …”

Wolf Müller-Rostin Article 9 Non-compliance with Documentary Requirements S. 1193

„… record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also …” „… consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the …” „… other person to whom the consignor is liable, by reason of the irregularity, incorrectness or …”

Wolf Müller-Rostin Article 10 Responsibility for Particulars of Documentation S. 1193

„… record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also …” „… consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the …” „… other person to whom the consignor is liable, by reason of the irregularity, incorrectness or …”

Eckart J. Brödermann Article 2.1.1 (Manner of formation) S. 499-500

„… , 2.1.11(1)) and acceptance (Arts. 2.1.6-2.1.10, 2.1.11(2)) scenario,1 without any other requirement than …” „… which follows, unless the circumstances indicate otherwise. (3) The relevant time zone is that of the …” „… place of business of the party setting the time, unless the circumstances indicate otherwise. A. Impact …”

Titelei/Inhaltsverzeichnis

„… . Under § 54 of the German Copyright Law where copies are made for other than private use a fee is …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 4.1 561 Interpretation of statements and other conduct …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 6.1.6 604 Payment by cheque or other instrument …”

Peter Mankowski Article 87 CISG S. 398-399

„… unpacked toxic chemicals.30 Others example are: volumina or quantities which require specific effort in …” „… other party provided that the expense incurred is not unreasonable. Art. 87 CISG gives ex lege …” „… other party’s expense. Depositing in this context is a mere preservatory measure and does not have the …”

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

„… multiples required must be an original while the others may be copies. Special rules exist for certain …” „… indicates that it is not an original. c. Unless a document indicates otherwise, a bank will also accept a …” „… copies, except when the document itself indicates otherwise. 1. Introduction …”

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

„… . An arbitrator (or other competent adjudicator) will have to assess whether, under the facts, there is …” „… possibly the likelihood that the event would have occurred otherwise.8 It would shift the balance if the …”

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

„… , the transfer agreement regarding the obligation becomes binding when it is clear that the other party …” „… as an obligor in case the new obligor does not perform properly. (3) Otherwise the original obligor …”

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

„… (e.g. with regard to language skills and other qualifications). As long as these (inherent) criteria …” „… the obligation by agreement (Art. 1.5) or otherwise restricted third party performance, e.g. by a …” „… clause restricting the right to subcontract or to otherwise transfer the obligation without consent of …”

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

„… part of the cargo, or of an object contained therein, affects the value of other packages covered by …” „… the other means referred to in paragraph 2 1 Dempsey/Milde, 182. 2 In Germany section 34 et seq …” „… . LuftVG. In Germany – contrary to many other jurisdictions – no compensation is generally available for …”

Wolf Müller-Rostin Introduction S. 1179-1183

„… liability limit for passenger death or injury to 250,000 Poincaré francs; other changes clarified the 1 …” „… International Carriage by Air Performed by a Person Other than the Contracting Carrier (Guadalajara Convention …” „… Warsaw Convention from being denounced by the United States and other states, ICAO convened a Diplomatic …”

Petra Butler Article 47 CISG S. 243-248

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. Relation to other Provisions …” „… right to fix an additional time-period for the other party to perform the party’s primary or ancillary …” „… to other remedies. The purpose of the additional time-period’s binding effect is to protect the …”

Gilles Cuniberti Article 29 Priority of competing interests S. 1389-1390

„… parties Article 29 Priority of competing interests 1. A registered interest has priority over any other …” „… registered with actual knowledge of the other interest; and (b) even as regards value given by the holder of …” „… extends to proceeds. 7. This Convention: (a) does not affect the rights of a person in an item, other than …”

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

„… shall be had, among other factors, to (a) the way in which the obligation is expressed in the contract …” „… ; (b) the contractual price and other terms of the contract; (c) the degree of risk normally involved …” „… in achieving the expected result; (d) the ability of the other party to influence the performance of …”

Peter Csoklich Article 16 S. 935-937

„… instructions if the prevention is not caused by the refusal of the consignee to accept the goods.8 On the other …” „… and all other expenses shall remain chargeable against the goods. (3) The carrier may sell the goods …” „… value of the goods. He may also proceed to the sale of the goods in other cases if after the expiry of a …”

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

„… conceptual level, on the one side and fairly detailed rules on the other side. They contain Articles such as …” „… conceptually superfluous as otherwise the UCP would not be applicable. Conceptually, the exclusion of revocable …”

Stefan Kröll Article 12 Nomination S. 1447-1448

„… in the same situation as other nominated banks. 9 For a different view that the agreement to honor …” „… with the pre-advice”. That obligation is the reason for the otherwise useless caveat in Article 11 (b …”

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

„… to payment or other performance under the contract in respect of the right assigned, and (b) all …” „… . 2.1.20(1)), (b) imply a ‘gross disparity’ (Arts. 3.2.7, 3.1.4) or (c) be otherwise unfair (Art. 1.7). (iii …” „… discussion which is otherwise bound to arise between differently trained civil and common law lawyers. For …”

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

„… period is available to start other legal proceedings.7 Distinctly from Art. 17(2) UN Limitations …” „… lasts until a final decision has been issued or until the proceedings have been otherwise terminated. A …” „… proceedings have been otherwise terminated’ (para. 2), e.g. by settlement. The (new and different) limitation …”

Eckart J. Brödermann Article 7.1.4 (Cure by non-performing party) S. 632-634

„… non-performance by the other party through its own behaviour (→ Art. 7.1.2).31 C. Parallel Options to Withholding …” „… Performance (subject to meeting the individual requirements of the other provisions) (i) Request for …” „… the other side amounts to fundamental non-performance;33 (iii) claim for damages (Art. 7.4.1).34 At …”

Peter Mankowski Article 5 S. 431-432

„… , offshore power plants and other fixed installations are immovables and not ships after being towed into …” „… person; b) nuclear damage caused by the goods sold; c) a lien, mortgage or other security interest in …” „… Damage of 21 May 1963.7 Liens, mortgages or other security interests in property are excluded by virtue …”

Peter Csoklich Article 13 S. 929-930

„… other consignments: This exception especially is relevant in groupage contracts.14 Such undue …” „… new destination or if the instruction causes undue delay of other consignments.15 Whenever the carrier …” „… instructions given in conformity with the provisions of Art. 12 CMR; on the other hand the carrier is liable if …”

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

„… the other party of the impediment and its effect on his ability to perform. If the notice is not …” „… received by the other party within a reasonable time after the party who fails to perform knew or ought to …” „… other than to claim damages under this Convention. I. Overview …”

Wolf Müller-Rostin Article 54 Denunciation S. 1244

„… 7. For other States and for other Regional Economic Integration Organisations, this Convention …” „… eventuality. Article 55 Relationship with Other Warsaw Convention Instruments This Convention shall prevail …” „… Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 …”

Petra Butler Article 64 CISG S. 296

„… ; or (b) in respect of any breach other than late performance by the buyer, within a reasonable time …” „… contract the buyer is to specify the form, measurement or other features of the goods and he fails to make …” „… request from the seller, the seller may, without prejudice to any other rights he may have, make the …”

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

„… description of the goods for all other documents, which is set out in Article 14 (e). While for those other …” „… Articles dealing with the other transport documents, Article 19 does not refer by a specific name to such …” „… relates to an action at the place agreed upon and not at any other place of receipt or taking charge. The …”

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

„… of the Convention is extended to also encompass cases of carriage by persons other than the …” „… International Carriage by Air Performed by a Person Other than the Contracting Carrier). 2 See Block v Air …” „… – or, in the case of transportation of cargo, the consignor (shipper) – on the other hand. Whereas the …”

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

„… other person from whom the claimant derives his or her rights. The carrier may be fully or partly …” „… contributed to by the negligence or other wrongful act or omission of the claimant.1 As specifically pointed …” „… negligence or other wrongful act or omission of the carrier or its servants or agents; or (b) such damage was …”

Eckart J. Brödermann Article 3.2.11 (Notice of avoidance) S. 551

„… notice to the other party. A. Avoiding a Cultural Clash As the approach to avoidance varies (e.g. the …” „… French based civil laws require the decision of a court;1 others may provide for an automatic effect),2 …” „… understanding of the mistaken party starts the short time period under Art. 3.2.10 for the other party to save …”

Klaus Ramming Article 14 Holder of the right of disposal S. 1033

„… other than the consignee indicated in the transport document. 2. The shipper's right of disposal shall …” „… other than the consignee indicated in the transport document. These are the most typical situations in …” „… , the instructions may also concern other issues. If no transport document has been issued, the carrier …”

Erik Evtimov, Tetyana Payosova Article 30 Form and amount of damages in case of death and personal injury S. 1107

„… Article 29 Compensation for other bodily harm National law shall determine whether and to what …” „… extent the carrier must pay damages for bodily harm other than that for which there is provision in …” „… Articles 27 and 28. Article 29 of the CIV UR refers to the compensation for other bodily harm and is meant …”

Peter Mankowski Article 91 CISG S. 407

„… III. Disconnection clauses in competing international agreements If the other international …” „… applies, too, if the scope of the other international agreement is not opened in a concrete case. There is …” „… . Technically and verbally only states who have signed the CISG, can ratify it. Other states can only accede …”

Wolf Müller-Rostin Article 38 Combined Carriage S. 1236

„… partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph 4 of …” „… inserting in the document of air carriage conditions relating to other modes of carriage, provided that the …” „… substitute carriage is actually carriage performed partly by air and partly by other modes of transport …”

Klaus Ramming Article 10 Delivery of the goods S. 1021

„… delivery, shall, in accordance with the contract of carriage, be liable for the freight and other charges …” „… position vis-à-vis the carrier, i.e. the consignee’s liability for the freight and other charges (Article …” „… be liable for freight and other charges. Normally, it would be the shipper, who is the carrier’s …”

Erik Evtimov, Tatyana Payosova Article 33 Compensation for exceeding the transit period S. 1165

„… other damages, to the cost of repair. The compensation shall not exceed the amount payable in case of …” „… the depreciation, it is the costs of repair, excluding any other damages, which must be paid. The …” „… external liability of the carrier to customers for the “other sums paid in relation to the carriage of the …”

Wolf Müller-Rostin Article 4 Cargo S. 1190

„… carriage of cargo, an air waybill shall be delivered. 2. Any other means which preserves a record of the …” „… carriage to be performed may be substituted for the delivery of an air waybill. If such other means are …” „… by such other means. Article 4 refers to the transport document required for the carriage of cargo as …”

Peter Mankowski Article 15 S. 441

„… arbitrate, but the sender need not establish that his request actually came in the hands of the other party …” „… , it obviously needs refinement if it was to be applied to other commercial parties than natural …” „… not owe anything to the alleged creditor. Article 15* In any legal proceedings other than those …”

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

„… imputable to, or is known or ought to be known by, a third person for whose acts the other party is …” „… whose acts the other party is not responsible, the contract may be avoided if that party knew or ought …” „… without ‘Responsibility’ If the Other Party Needs No protection Para. 2 copes with two sets of cases in …”

Eckart J. Brödermann Article 7.4.1 (Right to damages) S. 675

„… aggrieved party a right to damages either exclusively or in conjunction with any other remedies except where …” „… ) due to the sphere of the other party (Art. 7.1.2), (ii) temporarily excused by a withholding right …” „… of the other party including the duty of mitigation (Arts. 7.4.7-7.4.8), interest (Arts. 7.4.9-7.4.10 …”

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

„… , regardless of the subject or value of the contract; (3) ‘undertaking’ means any organisation, other than a …” „… ) ‘enforceable title’ means any decision, judgment or order for payment issued by a court or other competent …” „… and a public authority. Transactions with consumers are not covered by this Directive1 but by other …”

Peter Mankowski Article 3 CISG S. 24-27

„… or other machinery or engines producing electricity, and rechargeable batteries. Those items are not …” „… goods consists in the supply of labour or other services. I. Generalities …” „… evaluation.12 On the other hand, labour and know-how invested by the manufacturer or producer is irrelevant …”

Peter Mankowski Article 3 S. 427-428

„… from single rules of the Convention whilst leaving the others unaffected. (2) provides the ultimate …” „… this Convention provides otherwise, it shall apply irrespective of the law which would otherwise be …”

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

„… , 1.6(2)), or (iv) possible impacts on and interrelationships with other contracts, e.g. between the same …” „… party which agrees on the UNIDROIT Principles) and provides ‘otherwise’ in the sense of Art. 1.3 …” „… and an omission in the drafting process) may lead to discover a term displacing the otherwise …”

Eckart J. Brödermann Article 6.1.9 (Currency of payment) S. 609-610

„… other than that of the place for payment, it may be paid by the obligor in the currency of the place for …” „… Place of Payment Unless otherweise agreed (Arts. 1.1, 1.3, 1.5), the place of payment plays a triple …” „… otherwise (exclusive currency agreement e.g. ‘only in Euro’, possibly resulting from the circumstances like …”

Eckart J. Brödermann Article 7.4.5 (Proof of harm in case of replacement transaction) S. 683-684

„… further harm. A. Function of Art. 7.4.5 Jointly with the other provisions in Arts. 7.4.2-7.4.13, Art …” „… otherwise if it knows about potential consequences of a significantly higher scale than expected at the …” „… no replacement transaction, Art. 7.4.6 may apply (if a current price can be determined; otherwise the …”

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

„… ) The assignment of a right to other performance is ineffective if it is contrary to an agreement …” „… . procurement law) provides otherwise and leads to the invalidity of the assignment (Art. 1.4). C. Limited …”

Klaus Ramming Article 22 Application of the exonerations and limits of liability S. 1053

„… in contract, in tort or on some other legal ground. In many jurisdictions, claims against the carrier …” „… the Convention and that all other claims are excluded. In line with other international transport law …” „… Article 16 et seq. shall apply to all other claims for loss of or damage to the goods or delay in delivery …”

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

„… right or claim is based on industrial property or other intellectual property, the seller’s obligation …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 b) Other rights …” „… free of any proprietary or contractual claims by a third party (defects in title). In other words, the …”

Erik Evtimov, Tetyana Payosova Article 22 Delivery S. 1101-1102

„… registered luggage If circumstances permit and if customs requirements or the requirements of other …” „… Conditions of Carriage may contain other provisions concerning the right to dispose of registered luggage, in …” „… appropriate, the time necessary for the operations carried out by customs or other administrative authorities …”

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

„… v. Contracts a. A credit by its nature is a separate transaction from the sale or other contract on …” „… negotiate or to fulfil any other obligation under the credit is not subject to claims or defences by the …” „… under which the other Articles of the UCP 600 work, in particular → Art. 14 (Standard for Examination of …”

Stefan Kröll Article 18 Commercial Invoice S. 1466-1468

„… serves the invoice purpose2 and the ISBP lists a number of other names that were considered to be …” „… relate to the goods that are being delivered or shipped as reflected in the other documents presented. It …” „… prices or weight or shipment information are no basis for refusal unless it conflicts with data in other …”

Peter Csoklich Article 12 S. 926-928

„… the goods to a consignee other than the consignee indicated in the consignment note. (2) This right …” „… goods to another person, that other person shall not be entitled to name other consignees. (5) The …” „… carrier’s undertaking or prejudice the senders or consignees of other consignments; (c) That the …”

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

„… reduction under Article 77 if the other party can prove that the claimant could have entered into a more …” „… → Art. 77).20 The claimant must prove the market price.21 The other party must prove (under → Art. 77 …” „… – but also exclusively – cases of damages for breach of contract. Other remedies are not directly …”

Erik Evtimov, Tatyana Payosova Article 18 Right to dispose of the goods S. 1150-1151

„… other words, the consignee becomes a party to the contract of carriage instead of the consignor by …” „… the goods. In other respects, delivery of the goods shall be carried out in accordance with the …” „… from the one entered on the consignment note; d) to deliver the goods at a place other than the place …”

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

„… the other hand must prove unreasonable inconvenience or cost. He must also prove any damages he wants …” „… hours9 or days. Other relevant factors may for instance be the complexity of the goods, the magnitude of …” „… examination on the other hand do extend the examination period.14 Despite the universally accepted fact that …”

Tim W. Dornis Article 72 CISG S. 327-331

„… other party to avoid the contract (Articles 72(3), 73(2), 49(1) (a), 64(1)(a)). In addition, the …” „… parties will commit a fundamental breach of contract, the other party may declare the contract avoided. (2 …” „… the other party in order to permit him to provide adequate assurance of his performance. 3. 57 Ulrich …”

Martin Schauer, Magdalena Gruber Article 9 Retention of title S. 1351-1352

„… (among other Member States) have initiated measures in the sense of Article 8, namely electronic …” „… until he has received the price in full), other forms follow more complex patterns. For instance, an …” „… Member States, an effective retention of title requires other conditions, such as an enrolment in a local …”

Raimond Emde Introduction S. 1247-1264

„… Court has further clarified the principles of its interpretation and application in a number of other …” „… configuration of sales via other independent sales intermediaries (esp. distributors), since the commercial …” „… mutatis mutandis to other sales intermediaries, is influenced by the Directive.20 The influence of the …”

Gilles Cuniberti Article 39 Rights having priority without registration S. 1400-1401

„… In other cases, priority between the competing assignees is not governed by the Convention, but by …” „… categories of non-consensual right or interest (other than a right or interest to which Article 40 applies …” „… shall affect the right of a State or State entity, intergovernmental organisation or other private …”

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

„… Rail (COTIF). CIM UR do not apply to other types of contract relating to the carriage of goods, such as …” „… different States of which only one is a Member State and the other one is a third country (for example a …” „… law with other applicable regimes, namely, the Budapest Convention on the Contract for the Carriage of …”

Eckart J. Brödermann Article 1.6 (Interpretation and supplementation of the Principles) S. 490-491

„… prescription in chapter 10 (→ Art. 10.5 no 5).5 In other contexts, when representing a party for which, by its …” „… such principles in the negotiation, the other party might reconsider if it wants to conclude a contract …” „… likely to often trump other language versions by analogy to Art. 4.7;16 and black letter rules are likely …”

Eckart J. Brödermann Introduction S. 784-785

„… B. Restitution Based on Other Grounds As expressed by the word ‘merely’,3 Art. 10.11 does not …” „… cut-off restition on other grounds,4 such as Art. 3.2.15 or 7.3.6.5 Chapter 11 Plurality of Obligors and …” „… behalf of one client desirable to close the books while there are other co-obligors with different …”

Raimond Emde Article 2 S. 1266-1271

„… characteristics and properties that characterize the commercial agent, in particular in delimitation from other …” „… of 13 December 1976,8 all other commercial agents not distributing goods and active in the service …” „… free movement of goods from the other fundamental freedoms13 and by cross-directive assessment,14 …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… circumstances should not not affect application of the CISG unless they are easily recognizable to the other …” „… party.31 Absent contrary indications, the principle should be applied to calculate other time periods in …” „… that effect. (2) If a letter or other writing containing a late acceptance shows that it has been sent …”

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

„… contract, at any time within that period unless circumstances indicate that the other party is to choose a …” „… time; (c) in any other case, within a reasonable time after the conclusion of the contract. A. Notion …” „… circumstances, also other acts of performance which take place at the place of business of the obligee (→ Arts …”

Eckart J. Brödermann Article 7.4.7 (Harm due in part to aggrieved party) S. 686-687

„… ment by the court: “the current price at such other place that appears reasonable to take as a …” „… parties. A. Function of the Concept of Contributory Causation Jointly with the other provisions in Arts …” „… some legal orders, e.g. German law,5 whereby other legal orders like English law are familiar with more …”

Peter Csoklich Article 21 S. 947-948

„… of them in any other way, even without the consent of the claimant or the owner of the goods.7 …” „… charge without prejudice to his right of action against the consignee. I. Background Contrary to other …” „… by other means.2 The COD-agreement can relate to various charges, be it the purchase price for the …”

Eckart J. Brödermann Article 2.1.5 (Rejection of offer) S. 503

„… reconsider or to adjust a condition (e.g. price) is usually not yet a rejection.1 B. Termination by Other …” „… Means Other means of eliminating the effect of an offer include revocation (Art. 2.1.4)2 and lapse of …” „… time (Art. 2.1.7).3 Article 2.1.6 (Mode of acceptance) (1) A statement made by or other conduct of the …”

Gilles Cuniberti Article 26 Access to the international registration facilities S. 1388

„… the registration and search facilities of the International Registry on any ground other than its …” „… and such other privileges as may be provided by agreement with the host State. (b) For the purposes of …” „… from seizure or other legal or administrative process. 5. For the purposes of any claim against the …”

Gilles Cuniberti Article 27 Legal personality; immunity S. 1388

„… the registration and search facilities of the International Registry on any ground other than its …” „… and such other privileges as may be provided by agreement with the host State. (b) For the purposes of …” „… from seizure or other legal or administrative process. 5. For the purposes of any claim against the …”

Gilles Cuniberti Article 28 Liability and financial assurances S. 1388

„… the registration and search facilities of the International Registry on any ground other than its …” „… and such other privileges as may be provided by agreement with the host State. (b) For the purposes of …” „… from seizure or other legal or administrative process. 5. For the purposes of any claim against the …”

Section 1 Hand luggage and animals S. 1110

„… passenger. Respectively, the grounds of exoneration under Article 26 of the CIV UR, and the other provisions …” „… , apply mutatis mutandis. In other respects, the carrier shall not be liable for the total or partial loss …” „… carrier. The other Articles of Title IV, with exception of Article 51, and Title VI shall not apply in …”

PREAMBLE S. 422

„… Article 1 (1) This Convention shall determine when claims of a buyer and a seller against each other …” „… his claim, to give notice to the other party or perform any act other than the institution of legal …”

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

„… , damage caused by the delivered goods to other goods of the buyer, etc.) However, such consequential …” „… the remedies available to the parties under the CISG in the event that the other party does not …” „… wrongdoing, a party is exempt from performance if the other party caused the non-performance (Article 80 …”

Eckart J. Brödermann Article 7.2.2 (Performance of non-monetary obligation) S. 647-651

„… 7.2.2 (Performance of non-monetary obligation) Where a party who owes an obligation other than one to …” „… pay money does not perform, the other party may require performance, unless (a) performance is …” „… found parallels in other international contract law compilations.11 As a thumb rule it has been observed …”

Erik Evtimov, Tetyana Payosova Introduction S. 1076-1083

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Unlike in other areas of international transport law (e.g. international road, air or maritime law …” „… transport in Americas, Africa and some other regions, national law and bilateral or regional agreements …” „… interests of members to authorities and other associations Shortly after the Convention concerning the …”

Gilles Cuniberti Article 38 Subrogation S. 1400

„… In other cases, priority between the competing assignees is not governed by the Convention, but by …” „… categories of non-consensual right or interest (other than a right or interest to which Article 40 applies …” „… shall affect the right of a State or State entity, intergovernmental organisation or other private …”

Peter Mankowski Article 6 S. 433

„… obligations of the seller consists in the supply of labour or other services. (2) Contracts for the supply of …” „… definition of sale of goods and excludes the supply of labour or other services as a characteristic feature …” „… respective home law. As far as possible, regard should also be given to judgments from other Contracting …”

Peter Mankowski Article 7 S. 433

„… obligations of the seller consists in the supply of labour or other services. (2) Contracts for the supply of …” „… definition of sale of goods and excludes the supply of labour or other services as a characteristic feature …” „… respective home law. As far as possible, regard should also be given to judgments from other Contracting …”

Eckart J. Brödermann Article 10.11 (Restitution) S. 783

„… other performance of the same kind, entitlement to performance, an ‘ascertained’ obligation of the other …” „… party; → Art. 8.1 no. 6 et seq. at D.), plus any ‘other restrictions’6 due e.g. to procedural or …”

Erik Evtimov, Tatyana Payosova Article 16 Transit periods S. 1147

„… If, for the completion of the customs or other administrative formalities, the consignor has …” „… for the purpose any other procedure which cannot be followed, the carrier shall act in the manner …” „… place. The consignor must comply with the prescriptions of customs or other administrative authorities …”

Eckart J. Brödermann Article 11.1.12 (Defences in contributory claims) S. 808-811

„… assert defences and rights of set-off which are personal to one or several of the other co-obligors. A …” „… the other co-obligors, and (c) to consider the consequences of its abstention to raise the common …” „… , not those of other co-obligors.12 As a result, the co-obligor who is addressee of a claim of the …”

Eckart J. Brödermann Article 1.9 (Usages and practices) S. 495

„… behaviour of the other party which contravenes the letter of a contract and thereby reasonably causes the …” „… other party to think that its actions are being tolerated.7 D. Remedies A violation of the principle in …” „… represents a common understanding and that the other party feels bound by it’.4 For the second kind of usage …”

Klaus Ramming Article 26 General average S. 1064

„… general average remain untouched by and have priority over the provisions of CMNI. Article 27 Other …” „… or other authorized person is liable for such damage pursuant to the laws and regulations of a State …” „… all other persons addressed in CMNI. Article 27.1 clarifies that the rights and duties may arise from …”

Erik Evtimov, Tatyana Payosova Article 27 Substitute carrier S. 1160

„… is brought against the servants and any other persons whose services the substitute carrier makes use …” „… amount of compensation payable by the carrier, the substitute carrier and their servants and other …” „… form of a general agreement with other carriers or in a given individual case. The carrier who …”

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

„… the date of shipment. Normally the credit sets out other information which must then be complied with …” „… charges are for the account of a party other than the consignee” fulfil the paid/pre-payment requirements …” „… . Post receipt or certificate of posting Post receipts or other certificates of posting, evidencing …”

Peter Mankowski Article 97 CISG S. 414

„… provisions. On the other hand they do not impinge that State’s quality as a full Contracting State …” „… . Declarations must be publicized in order to allow others to take notice of them. That is why in principle they …” „… their free will. On the other hand, Art. 98 CISG deals only with reservations but not with declarations …”

Peter Mankowski Article 98 CISG S. 414

„… provisions. On the other hand they do not impinge that State’s quality as a full Contracting State …” „… . Declarations must be publicized in order to allow others to take notice of them. That is why in principle they …” „… their free will. On the other hand, Art. 98 CISG deals only with reservations but not with declarations …”

Peter Mankowski Article 27 S. 451

„… not exclude restitution on other grounds than those at the time of performance when the limitation …” „… filling respective gaps in national legislation.2 In every other aspect than the expiration of the …” „… the point of time when the respective obligation accrues. Furthermore, every other generally accessory …”

Peter Mankowski Article 28 S. 451

„… not exclude restitution on other grounds than those at the time of performance when the limitation …” „… filling respective gaps in national legislation.2 In every other aspect than the expiration of the …” „… the point of time when the respective obligation accrues. Furthermore, every other generally accessory …”

Eckart J. Brödermann Article 5.3.4 (Duty to preserve rights) S. 595

„… other party’s rights in case of fulfilment of the condition. The Watch-Dog for the Conditioned Right Art …” „… contract itself to the extent that it gives a right to the other party,1 i.e. the other party’s rights in …”

Eckart J. Brödermann Article 5.3.5 (Restitution in case of fulfilment of a resolutive condition) S. 595

„… other party’s rights in case of fulfilment of the condition. The Watch-Dog for the Conditioned Right Art …” „… contract itself to the extent that it gives a right to the other party,1 i.e. the other party’s rights in …”

Tobias Eckardt Article 40 S. 984

„… Article 40 Carriers shall be free to agree among themselves on provisions other than those laid …” „… shall not involve the nullity of the other provisions of the contract. (2) In particular, a benefit of …” „… insurance in favour of the carrier or any other similar clause, or any clause shifting the burden of proof …”

Erik Evtimov, Tetyana Payosova Article 3 Definitions S. 1088

„… the definitions made it possible to simplify the wording of certain other provisions (note that …” „… on either side of the frontier, when there is no other station between them. Article 4 § 1 allows …” „… between the Channel Tunnel terminals at Cheriton in Kent and Coquelles in the Pas-de-Calais, with no other …”

Erik Evtimov, Tetyana Payosova Article 4 Derogations S. 1088

„… the definitions made it possible to simplify the wording of certain other provisions (note that …” „… on either side of the frontier, when there is no other station between them. Article 4 § 1 allows …” „… between the Channel Tunnel terminals at Cheriton in Kent and Coquelles in the Pas-de-Calais, with no other …”

Erik Evtimov, Tetyana Payosova Article 56 Carriers against whom an action may be brought S. 1121

„… comments to → Art. 46 of the CIM UR. Other claims relating to the contract of carriage must be addressed in …” „… , other claims based on the contract of carriage can be addressed in writing to the first carrier, the …” „… provisions of → Art. 45 § 6 of the CIM UR. Subject to § 4 other actions brought by passengers based on the …”

Article 25 CISG S. 130-142

„… of the parties is fundamental if it results in such detriment to the other party as substantially to …” „… , Effectiveness and Binding Nature of Declarations (Notices, Requests or Other Communications) under Part II and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4. Other obligations …”

Wolf Müller-Rostin Article 37 Right of Recourse against Third Parties S. 1235

„… ) also provides for carriage by another carrier for other flight segments. Carriage performed by …” „… the ticket also for the successive carrier, the ticket-issuing carrier acts as an agent for the other …” „… person liable for damage in accordance with its provisions has a right of recourse against any other …”

Stefan Kröll Article 29 Expiry Date S. 1489

„… Other acceptable clauses Unless the letter of credit explicitly excludes such clauses, insurance …” „… )). “Franchise” in this context means that an amount below claims will not be honoured while all other claims …” „… presentation falls on a day when the bank to which presentation is to be made is closed for reasons other than …”

Peter Mankowski Article 11 CISG S. 52

„… of sale need not be concluded in or evidenced by writing and is not subject to any other requirement …” „… other indication of intention to be made in any form other than in writing does not apply where any …”

Peter Mankowski Article 8 S. 434

„… . Attempts at introducing other limitation periods for hidden defects (eight years) and apparent defects (two …” „… and legal systems ought to be taken into account.6 On the other hand, the limitation period should not …” „… admitted to be a compromise, also reflecting on other provisions affecting the running of the limitation …”

Peter Mankowski Article 31 S. 454

„… State A which have interrupting effect ceasing the limitation to run, in all other Contracting …” „… rendering a decision as to the merits, the creditor is entitled to institute new proceedings in every other …” „… other Contracting States. 5 See only Sono, ‘Unification of Limitation Period in the International Sale …”

Eckart J. Brödermann Article 1.8 (Inconsistent behaviour) S. 494

„… . 6.1.5(1) (other than his need for rest).19 A possible consequence of applying Art. 1.7 is the …” „… inconsistently with an understanding it has caused the other party to have and upon which that other party …”

Eckart J. Brödermann Article 2.1.16 (Duty of confidentiality) S. 517

„… course of negotiations, the other party is under a duty not to disclose that information or to use it …” „… remedy for breach of that duty may include compensation based on the benefit received by the other party …” „… globe providing for other doctrinal foundations),2 sentence 1 states a self-explanatory duty of …”

Eckart J. Brödermann Article 2.1.21 (Conflict between standard terms and non-standard terms) S. 523

„… of the other party by imposing terms “that the other party could not reasonably have expected”.1 To …” „… take an advantage is fair, however, if the term has been ‘expressly accepted’ by the other party.2 B …”

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

„… limitation of liability clause),6 the interpretation in favour of the ‘other party’ (as compared to the …” „… describes the legal consequence in soft language (‘is preferred’), which leaves room to consider other …” „… Bovio/Ternero Art. 4.6, no. 1 (para. 2), p. 245 (as protection of the trust (‘confianza’) of the ‘other party …”

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

„… limitation of liability clause),6 the interpretation in favour of the ‘other party’ (as compared to the …” „… describes the legal consequence in soft language (‘is preferred’), which leaves room to consider other …” „… Bovio/Ternero Art. 4.6, no. 1 (para. 2), p. 245 (as protection of the trust (‘confianza’) of the ‘other party …”

Eckart J. Brödermann Article 7.2.1 (Performance of monetary obligation) S. 646

„… obligation) Where a party who is obliged to pay money does not do so, the other party may require payment. A …” „… Options (subject to meeting the individual requirements of the other provisions) (i) Claim for damages …” „… “for delay or other consequential damages due to delay”8 (Arts. 7.4.1 et seq.); (ii) partial …”

Erik Evtimov, Tetyana Payosova Article 9 Right to be carried. Exclusion from carriage S. 1094

„… functioning of the operations or for the safety of other passengers, b) inconvenience other passengers in an …” „… can be also excluded from transport, whenever he poses a danger to other passengers or to the ordinary …”

Peter Csoklich Introduction S. 898-900

„… decisions of courts of other member states in order to achieve a unanimous interpretation and application of …” „… relevant for the interpretation of CMR, but not the non-binding translations into other languages which …” „… does not contain any provisions on the extra-contractual liability or other non-contractual law aspects …”

Peter Mankowski Article 83 CISG S. 387

„… substitute goods in accordance with article 82 retains all other remedies under the contract and this …” „… independent of each other.1 Losing one does not automatically imply losing all or any of the others. 26 …”

Peter Mankowski Article 89 CISG S. 404

„… emergency sale; the remainder is for the other party. The reasonableness of expenses for preservatory steps …” „… marketing costs. The balance of the proceeds is for the other party. This means the effective proceeds, not …” „… proceeds. Whether such a right to retain exists based on claims against the other party is not answered by …”

Peter Mankowski Article 30 S. 453

„… State where that day is neither a holiday nor a dies non iuridicus.3 In this other State, nothing but …” „… the same effect of stopping or extending the limitation period in any other Contracting State.2 Art …” „… Contracting State, are to be deemed effective also in all other Contracting States. The main example is that …”

Eckart J. Brödermann Article 4.4 (Reference to contract or statement as a whole) S. 566

„… contracts (under Art. 4.1) and statements or other conduct (Art. 4.2), Art. 4.4 supplements the list of …” „… consider the whole contractual context (or context of the statement or other conduct).1 This can include …” „… headings, the preamble or other parts of the contract including annexes.2 By the absence of a clause on …”

Eckart J. Brödermann Article 4.5 (All terms to be given effect) S. 567

„… ) individual terms prevail over standard terms,7 Art. 2.1.21). Sometimes even other agreements between the same …” „… the other circumstances listed in Art. 4.3.9 In some circumstances, the context can even displace the …” „… Bovio/Ternero Art. 4.5, no. 1, p. 244 (excluding Art. 4.2 which relates to ‘statements and other conduct’). 3 …”

Petra Butler Article 51 CISG S. 269-273

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Relation to other provisions …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. Violation of duties other than the delivery of goods …” „… 51(2).11 Relation to other provisions The buyer’s remedies are dispositive and Article 51 can be excluded …”

Eckart J. Brödermann Article 11.2.1 (Definitions) S. 813-817

„… (→ Art. 11.2.3) and what is the impact on the other obligees if the obligor renders full performance …” „… consider to grant to one of them (or to each other) power of attorney to act also on behalf of the …” „… partners (trusting each other) hold jointly a bank account.26 Selected Advantages or Disadvantages (i …”

Peter Mankowski Introduction S. 1-8

„… its content. It has to explain why certain topics are included whereas certain others are excluded and …” „… financiaria,7 lex sportiva,8 lex maritima,9 lex aviatica,10 or which other sub-species of lex mercatoria might …” „… of international prominence are included On the other hand, this commentary employs a wide notion of …”

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

„… (e.g. Louisiana) while others operate with objective criteria (e.g. Germany). 5 Cf. Vogenauer/Atamer …” „… obligations. Each Party Bears its Own Costs as a Default Rule Unless otherwise agreed (Arts. 1.1, 1.3, 1.5 …” „… : Decision of the Obligor (Para. 1) (i) Principle: Unless otherwise agreed (Arts. 1.1, 1.3, 1.5), the Obligor …”

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

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

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

„… later. b) Knowledge or Constructive Knowledge. (i) Autonomous interpretation: Like in numerous other …” „… otherwise than by incorporation. It is submitted that a choice of the parties committing themselves to apply …” „… UNIDROIT Principles or whether they have chosen the UNIDROIT Principles otherwise, whereby he proposes to …”

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

„… ; that risk is covered by Art. 9.1.8). Rights to Other Performance than the Payment of a Monetary Sum …” „… deemed to have taken effect at that time.21 The obligor is protected by other rules (e.g. Arts …” „… . 9.1.10-9.1.11), other third parties by the applicable (e.g. insolvency) law.22 The UNIDROIT Principles are mute …”

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

„… any other person entitled to dispose of the goods (Article 18.1 [a]). In relation to the consignee, it …” „… examples, the carrier may rely on other aspects in the good’s nature which may give rise to losses or …” „… ashore), other vessels and other property (again both in the water and ashore). Article 18.1 (g) does not …”

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

„… worded complaints on the other hand are considered insufficient if the seller acting in good faith cannot …” „… not obliged to investigate the cause of the defect, other defects preventing the machine from …” „… to the seller21 or any other person entitled to receive notices for the seller. Notices handed to a …”

Petra Butler Article 50 CISG S. 262-268

„… unreasonable delay. On the one hand a court has decided that eight weeks has been too late35 and on the other …” „… 64(2) differentiate between late performance (Articles 49(2)(a), 64(2)(b)) and any other type of breach …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Relation to other provisions …”

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

„… constitutes a fundamental breach of contract with respect to that instalment, the other party may declare the …” „… obligations in respect of any instalment gives the other party good grounds to conclude that a fundamental …” „… . This also concerns other remedies (e.g., damages).15 Unless Article 73(2) or (3) applies, the remainder …”

Peter Mankowski Article 7 CISG S. 37-41

„… the binding and authoritative language versions of the CISG, not on mere translations in other …” „… Uniform Sales Law as eminent predecessor of the CISG had been drafted in English.9 The other authentic …” „… writings from other Contracting States12 which, of course, are not strictly binding, but could serve as …”

Marco Torsello Article 33 CISG S. 181-185

„… ; or (c) in any other case, within a reasonable time after the conclusion of the contract. I. Overview …” „… place and conformity of delivery must be assessed in accordance with other provisions of the Convention …” „… buyer is to choose a date”. In other words, within the given period of time, the seller can choose the …”

Sebastian Omlor Article 28 CISG S. 150-152

„… party is entitled to require performance of any obligation by the other party, a court is not bound to …” „… (Notices, Requests or Other Communications) under Part II and Part III of the CISG’, Cornell Review of the …” „… Nature of Declarations (Notices, Requests or Other Communications) under Part II and Part III of the CISG …”

Eckart J. Brödermann Article 4.1 (Intention of the parties) S. 561-563

„… ‘ordinary’ meaning of the terms which might be favourable to one side while the other side may not realise …” „… itself)12 and (ii) on interpretation of statements and other conduct as contained in Arts. 4.2-4.3 …” „… the documented will, i.e. the wording)22 if the other party tries to step away from it.23 For that …”

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

„… right to damages can be often invoked in addition to other remedies or tools (‘in conjunction with other …” „… . 7.2.2 no. 10); the right to require repair, replacement, or other cure of defective performance (→ Art …” „… for avoidance (→ Art. 3.2.16, whereby Art. 3.2.16 describes the appropriate quantum).10 In other words …”

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

„… take over the goods at a place other than a place of business of the seller, the risk passes when …” „… the general rule that a change in custody provides for a passing of risk9 (for the other exception in …” „… , Article 79 cannot prevent a passing of the risk to the buyer (arg e → Art. 79(5)).16 Other possible …”

Stefan Kröll Article 35 Disclaimer on Transmission and Translation S. 1494-1495

„… a feature of the goods, services or other performance under the underlying transaction. The …” „… responsibility for the consequences arising out of delay, loss in transit, mutilation or other errors arising in …” „… it. The risk of such losses is, through the interplay with other provisions, allocated to the issuing …”

Eckart J. Brödermann Article 3.3.1 (Contracts infringing mandatory rules) S. 558-559

„… adaptations to any communication of intention addressed by one party to the other. Validity Rules Apply …” „… may conflict with each other in an international arbitration (conflit des lois de police),10 e.g. by …” „… also given by Vogenauer/Cuniberti Art. 3.3.1 no. 10) on the other hand the decision of the European …”

Klaus Ramming Article 17 Servants and agents S. 1040-1041

„… into the carrier’s period of custody. In all other cases, Article 16.1 is not relevant. This applies to …” „… the other side, sub-contractors who perform their services independently, may not be considered the …” „… 25.2 (a) which assumes that the carrier is responsible for the master of the vessel or any other person …”

Lisa Spagnolo Article 15 CISG S. 70-73

„… avoided by the offeror. Article 15 CISG outlines one of these, being withdrawal of the offer. The other …” „… withdraw an offer sent by post, in the face of offers now commonly made by email or other internet …” „… at the same time’23 barring technical glitches. Others suggest a retreat from the notion of receipt …”

Peter Mankowski Article 2 S. 425-426

„… this dynamically so as to include all other modes of ADR (conciliation, mediation etc.), too. (3) (f …” „… e-mails, e-messages and other kinds of messages which offer the opportunity to reproduce them in a …” „… ) aims at avoiding confusion with other calendars.21 It was introduced upon a request by Singapore.22 …”

Peter Csoklich Article 7 S. 916-917

„… . 6 (1) lit. j) CMR concerns instructions for Customs and other formalities; such instructions …” „… allows the parties to enter any other particular which they may deem useful; Art. 6 (3) CMR, however …” „… ) Any other particulars or instructions given by him to enable the consignment note to be made out or …”

Peter Csoklich Article 11 S. 924-925

„… ) lit. b) CMR.13 Article 11 (1) For the purposes of the Customs or other formalities which have to be …” „… even if neither he nor his servants nor any other persons of whose services he made use acted …” „… damages of a sub-carrier for which the principal carrier was liable.9 Direct damage claims of other …”

Klaus Ramming Article 23 Notice of damage S. 1054-1055

„… the damage. On the other Art. 23 CMNI Chapter VI Claims period 1054 Klaus Ramming 1 2 hand, Article …” „… condition and quantity of the goods and not to other circumstances, such as the cause of the damage. In …” „… implies that the respective other party is entitled to be present when the inspection takes place. This …”

Peter Mankowski Article 12 CISG S. 52-53

„… of sale need not be concluded in or evidenced by writing and is not subject to any other requirement …” „… other indication of intention to be made in any form other than in writing does not apply where any …”

Eckart J. Brödermann Article 4.8 (Supplying an omitted term) S. 569-570

„… determining what is an appropriate term regard shall be had, among other factors, to (a) the intention of the …” „… ‘appropriate in the circumstances’. Its discretion is supported by para. 2 (‘among other factors’) although i.e …” „… Art. 4.3 lit. a)-c). The Official Comments explicitly refer ‘among other factors’ to (i) the terms …”

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

„… by a person other than the carrier or its servants or agents; (c) an act of war or an armed conflict …” „… that the cargo as a whole has been damaged. On the other hand, however, cargo is deemed to be damaged5 …” „… other cargo of the same type and that this defect renders the cargo vulnerable to damage. If cargo needs …”

Gilles Cuniberti Article 37 Effects of assignor’s insolvency S. 1397-1399

„… the object; or (e) other obligations arising from a transaction referred to in any of the preceding …” „… subparagraphs. 3. In all other cases, the priority of the competing assignments of the associated rights shall …” „… registration made by the assignor.17 The assignment of associated rights will also transfer other interests or …”

Tobias Eckardt Article 30 S. 963-967

„… of his agents, servants or any other person of whose services he makes use for the performance of the …” „… carrier and the consignee shall give each other every reasonable facility for making the requisite …” „… limits while para. 5 establishes the obligation of the relevant other party to enable checks and …”

Eckart J. Brödermann Article 10.3 (Modification of limitation periods by the parties) S. 768-770

„… liability of the other party can be obtained by extending warranties (guarantees)14 to future performance …” „… and all other factors of interpretation (Arts. 4.1 et seq.). Violations In case of a violation against …” „… regime applicable at the seat of the court (→ Art. 1.11 1st hyphen) or any other law in case of …”

Erik Evtimov, Tetyana Payosova Article 10 Completion of administrative formalities S. 1095

„… must comply with the formalities required by customs or other administrative authorities. The CIV UR …” „… and other administrative authorities, including visa requirements, sanitary and phytosanitary …”

Erik Evtimov, Tetyana Payosova Article 11 Cancellation and late running of trains. Missed connections S. 1095

„… must comply with the formalities required by customs or other administrative authorities. The CIV UR …” „… and other administrative authorities, including visa requirements, sanitary and phytosanitary …”

Erik Evtimov, Tetyana Payosova Article 53 Special principles of liability S. 1119

„… Article 52 Other actions In all cases where these Uniform Rules shall apply, any action in respect …” „… the servants and other persons for whom the carrier is liable pursuant to Article 51. Article 52 of …”

Petra Butler Article 55 CISG S. 280-282

„… to suspend performance when it is apparent that the other party will not be able to perform, i.e …” „… .). Article 72 CISG allows a party to avoid the contract when it is clear that the other party will commit a …” „… .15 The use of other payment methods, such as a documentary letter of credit, is only available to the …”

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

„… especially when any other interpretation would lead to inconsistent behaviour (Art. 1.8).10 Article …” „… practice, offering to the other party to determine an issue in the future can prove to be a useful tool to …” „… build the trust for a contractual relationship; the other party will be bound to determine the missing …”

Gilles Cuniberti Article 36 Assignee’s priority with respect to associated rights S. 1397

„… the object; or (e) other obligations arising from a transaction referred to in any of the preceding …” „… subparagraphs. 3. In all other cases, the priority of the competing assignments of the associated rights shall …”

Eckart J. Brödermann Article 2.1.10 (Withdrawal of acceptance) S. 508

„… has been ‘notified’ by the offeree in advance by other means (e.g. a text message or phone call …” „… an offer which purports to be an acceptance but contains additions, limitations or other …”

Eckart J. Brödermann Article 2.1.11 (Modified acceptance) S. 508

„… has been ‘notified’ by the offeree in advance by other means (e.g. a text message or phone call …” „… an offer which purports to be an acceptance but contains additions, limitations or other …”

Tobias Eckardt Article 49 S. 989

„… vention. Other Contracting Parties shall not be bound by article 47 in respect of any Contracting …” „… the United Nations. (3) No other reservation to this Convention shall be permitted. Article 49 (1 …”

Tobias Eckardt Article 50 S. 989

„… vention. Other Contracting Parties shall not be bound by article 47 in respect of any Contracting …” „… the United Nations. (3) No other reservation to this Convention shall be permitted. Article 49 (1 …”

Tobias Eckardt Article 51 S. 989

„… vention. Other Contracting Parties shall not be bound by article 47 in respect of any Contracting …” „… the United Nations. (3) No other reservation to this Convention shall be permitted. Article 49 (1 …”

Erik Evtimov, Tetyana Payosova Article 20 Marking of registered luggage S. 1101

„… registered luggage If circumstances permit and if customs requirements or the requirements of other …” „… Conditions of Carriage may contain other provisions concerning the right to dispose of registered luggage, in …”

Erik Evtimov, Tetyana Payosova Article 21 Right to dispose of registered luggage S. 1101

„… registered luggage If circumstances permit and if customs requirements or the requirements of other …” „… Conditions of Carriage may contain other provisions concerning the right to dispose of registered luggage, in …”

Erik Evtimov, Tetyana Payosova Article 27 Damages in case of death S. 1106

„… only the compensatory damage and does not extend to alimony. For situations where other than legal …” „… of personal injury In case of personal injury or any other physical or mental harm to the passenger …”

Erik Evtimov, Tetyana Payosova Article 28 Damages in case of personal injury S. 1106

„… only the compensatory damage and does not extend to alimony. For situations where other than legal …” „… of personal injury In case of personal injury or any other physical or mental harm to the passenger …”

Wolf Müller-Rostin Article 45 Addressee of Claims S. 1240

„… carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure …” „… action is brought against only one of the carriers, the defendant can join the other carrier in the …”

Wolf Müller-Rostin Article 46 Additional Jurisdiction S. 1240

„… carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure …” „… action is brought against only one of the carriers, the defendant can join the other carrier in the …”

Wolf Müller-Rostin Article 47 Invalidity of Contractual Provisions S. 1240

„… carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure …” „… action is brought against only one of the carriers, the defendant can join the other carrier in the …”

Martin Schauer, Magdalena Gruber Article 8 Transparency and awareness raising S. 1350

„… States shall, where appropriate, use professional publications, promotion campaigns or any other …” „… limits and a proper process for dealing with any payments that are in dispute, or any other initiatives …”

Gilles Cuniberti Article 18 Registration requirements S. 1383

„… Protocol and the regulations. Chapter V Other matters relating to registration Article 18 Registration …” „… confidentiality of information and documents of the International Registry other than information and documents …”

Gilles Cuniberti Article 33 Debtor’s duty to assignee S. 1396

„… those rights and that interest is bound by the assignment and has a duty to make payment or give other …” „… or identifies the assignee.1 2. Irrespective of any other ground on which payment or performance by …”

Gilles Cuniberti Article 34 Default remedies in respect of assignment by way of security S. 1396

„… those rights and that interest is bound by the assignment and has a duty to make payment or give other …” „… or identifies the assignee.1 2. Irrespective of any other ground on which payment or performance by …”

Gilles Cuniberti Article 35 Priority of competing assignments S. 1396

„… those rights and that interest is bound by the assignment and has a duty to make payment or give other …” „… or identifies the assignee.1 2. Irrespective of any other ground on which payment or performance by …”

Erik Evtimov, Tetyana Payosova Article 50 Liability in case of nuclear incidents S. 1118

„… liable for his servants and other persons whose services he makes use of for the performance of the …” „… carriage, when these servants and other persons are acting within the scope of their functions. The …”

Erik Evtimov, Tetyana Payosova Article 51 Persons for whom the carrier is liable S. 1118

„… liable for his servants and other persons whose services he makes use of for the performance of the …” „… carriage, when these servants and other persons are acting within the scope of their functions. The …”

Martin Schauer, Magdalena Gruber Article 10 Recovery procedures for unchallenged claims S. 1353-1356

„… creditor’s action or application at the court or other competent authority, provided that the debt or aspects …” „… after obtaining the title, on the other hand, is subject to national provisions.8 The Directive also …” „… days of the lodging of the creditor’s action at a court or other competent authority. This may be …”

Petra Butler Article 58 CISG S. 285-287

„… goods are handed over if the contract provides for a step-by-step performance. In all other scenarios …” „… payment.1 Article 58 CISG (1) If the buyer is not bound to pay the price at any other specific time, he …” „… Untersuchungs-und Rügepflicht im UN-Kaufrecht (2000) pp 126 et seq.; other opinion: Niggemann, ‘Les Obligations de …”

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

„… other provisions There is no requirement of foreseeability (Article 74, second sentence) under Article …” „… that place, the price at such other place as serves as a reasonable substitute, making due allowance …” „… minimum of compensation.16 There is no obligation to disgorge benefits. Recovery for other losses beyond …”

Gilles Cuniberti Article 2 The international interest S. 1369

„… ” means a consensual interest or non-consensual right or interest (other than an interest to which Article …” „… teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a …”

Gilles Cuniberti Article 3 Sphere of application S. 1370

„… contrast, in other jurisdictions (e.g. USA, Australia), the right of all three categories of creditors in …” „… interest falls within one or the other category. Art 2(4) provides that such characterization is to be made …”

Gilles Cuniberti Article 19 Validity and time of registration S. 1384

„… of the other. 2. The subordination of an international interest to another international interest may …” „… Convention Chapter V Other matters relating to registration 1384 Gilles Cuniberti …”

Gilles Cuniberti Article 20 Consent to registration S. 1384

„… of the other. 2. The subordination of an international interest to another international interest may …” „… Convention Chapter V Other matters relating to registration 1384 Gilles Cuniberti …”

Stefan Kröll Article 15 Complying Presentation S. 1456

„… transport documents by freight forwarders or by other persons which are neither the carrier, owner, master …” „… other requirements existing for transport documents. Article 15 Complying Presentation a. When an …”

Eckart J. Brödermann Article 1.10 (Notice) S. 496

„… usages (para. 2), (vi) other provisions of the UNIDROIT Principles.12 C. Proof The party invoking a …” „… any other communication of intention. 4 Vogenauer/Vogenauer Art. 1.9 no. 7 (with reference to § 1-303 …”

Eckart J. Brödermann Article 3.2.9 (Confirmation) S. 549

„… the contract for mistake but the other party declares itself willing to perform or performs the …” „… concluded as the latter party understood it. The other party must make such a declaration or render such …”

Eckart J. Brödermann Article 11.1.3 (Obligee’s rights against joint and several obligors) S. 790

„… only jointly with the other obligors.7 B. Non-Performance In case of non-performance (chapter 7), the …” „… . 2.2.1(1)) of one coobligor (or any one co-obligor) for the other co-obligors (including possibly a right …”

Erik Evtimov, Tetyana Payosova Article 62 Right of recourse S. 1126

„… carriage charge, to pay other carriers their due share of this charge. The modalities of such payment have …” „… , the unpaid share due from him shall be apportioned among all the other carriers who have taken part in …”

Erik Evtimov, Tetyana Payosova Article 63 Procedure for recourse S. 1126

„… carriage charge, to pay other carriers their due share of this charge. The modalities of such payment have …” „… , the unpaid share due from him shall be apportioned among all the other carriers who have taken part in …”

Stefan Kröll Article 5 Documents v. Goods, Services or Performance S. 1433

„… the documents, which may relate to goods, service or other performances.1 The fixation on documents …” „… with any bank is that of any bank. A place for presentation other than that of the issuing bank is in …”

Peter Mankowski Article 10 CISG S. 51

„… members of a group actively cooperating with each other in the conclusion or performance of the …” „… concrete contract should be attributed to each other. Article 10 CISG For the purposes of this Convention …”

Petra Butler Article 61 CISG S. 292

„… is not deprived of any right he may have to claim damages by exercising his right to other remedies …” „… fulfil other duties required by the contract or which arise in virtue of Articles7(2) or 9. There is no …”

Erik Evtimov, Tetyana Payosova Article 57 Forum S. 1122

„… brought against a carrier other than those specified in §§ 2 and 4 when instituted by way of counter-claim …” „… . Other courts or tribunals may not be seized. Where an action based on these Uniform Rules is pending …”

Erik Evtimov, Tatyana Payosova Article 8 Responsibility for particulars entered on the consignment note S. 1140

„… on the consignment note any other particulars they consider useful. Article 7 § 3 of the CIM UR …” „… expanded the freedom of the parties to the contract in entering other information on the consignment note …”

Erik Evtimov, Tatyana Payosova Article 47 Extinction of right of action S. 1174

„… over by the carrier or the place designated for delivery is situated. Other courts or tribunals may not …” „… legis. With respect to the interpretation of the notions branch, agency or any other establishment, see …”

Wolf Müller-Rostin Article 23 Conversion of Monetary Units S. 1221

„… Montreal Convention by Article 22 paragraph 5. Whereas in all other transport conventions, including the …” „… court costs and other litigation expenses including interest to the claimant under the lex fori …”

Raimond Emde Article 20 S. 1300

„… national law which impose other restrictions on the validity or enforceability of restraint of trade …” „… other, additional effectiveness requirements. Specifically, Article 20 para. 4 also provides that the …”

Gilles Cuniberti Article 21 Duration of registration S. 1385

„… necessary for maintenance, technical upgrades or other special circumstances. The main requirement for …” „… party,2 who will provide the appropriate data and pay the fees. The other party will then be informed …”

Stefan Kröll Article 30 Tolerance in Credit Amount, Quantity and Unit Prices S. 1490

„… )). Second, where the credit relates to commodities or other bulk items that are normally not delivered in …” „… prohibits partial shipment and none of the two other paragraphs of Article 30 is applicable. For certain …”

Stefan Kröll Article 37 Disclaimer for Acts of an Instructed Party S. 1498

„… initiative in the choice of that other bank. c. A bank instructing another bank to perform services is liable …” „… applicant’s home country, uses the services of other banks, usually in the beneficiary’s country. These latter …”

Petra Butler Article 45 CISG S. 238

„… to claim damages by exercising his right to other remedies. (3) No period of grace may be granted to …” „… – to fulfil other duties required by the contract or which arise by virtue of Arts.7(2) or 9. 36 Anna …”

Peter Mankowski Article 39 S. 458

„… reservation other than those made in accordance with articles 34, 35, 36, 36bis and 38 shall be permitted …” „… preserved in the Limitation Convention itself, can be made. E contrario, it does not permit other …”

Peter Mankowski Article 40 S. 458

„… reservation other than those made in accordance with articles 34, 35, 36, 36bis and 38 shall be permitted …” „… preserved in the Limitation Convention itself, can be made. E contrario, it does not permit other …”

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

„… reasonable person of the same kind as the other party would give to it in the same circumstances’, Art. 4.2(1 …” „… 1978 permits the choice of law in PoAs. The same is true for many other private international laws of …”

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

„… disclose such conflict, the principal has the right to claim damages under other UNIDROIT Principles (e.g …” „… . Arts. 7.4.1 et seq. in connections with Arts. 1.7, 3.2.16) or other applicable law.14 Article 2.2.8 …”

Eckart J. Brödermann Article 3.2.16 (Damages) S. 557

„… ought to have known of the ground for avoidance is liable for damages so as to put the other party in …” „… avoidance, the ‘other’ party (acting in good faith) is entitled to claim compensation of its ‘negative’ or …”

Eckart J. Brödermann Article 6.2.3 (Effects of hardship) S. 624

„… underlying the notice may do so (Art. 1.7).7 A refusal to renegotiate of the other party would be a violation …” „… performance). The other party bears the risk of a refusal to negotiate (whereby Arts. 1.7, 5.1.3 require to at …”

Eckart J. Brödermann Article 9.1.3 (Assignability of non-monetary rights) S. 719

„… effectiveness of the assignment requires further the fulfilment of other obligations from other rules including …”

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

„… likely to have organised a reasonable other source of performance in the sense of Art. 7.2.2 lit. (c). B …” „… specific performance (→ above no. 2), it is submitted that ‘another person’ in para. 1 applies to any other …”

Klaus Ramming Article 5 Delivery time S. 1009

„… of them, the joint liability of the other debtor ends. However, the liability as between the …” „… of it from the respective other party. The respective carrier’s indemnity claim is subject to the …”

Article 28 Unit of account S. 1065

„… plant or any other authorized party is responsible for damages arising from the nuclear incident. The …” „… authorized person who is liable and that all other parties involved are not responsible. In any event, this …”

Erik Evtimov, Tatyana Payosova Article 26 Successive carriers S. 1159

„… carriage over the entire route up to delivery. The CIM UR, among others, governs the model of successive …” „… . 33 § 1 of the CIM UR in the event exceeding the transit period; Item 23(2) on the other hand offers …”

Erik Evtimov, Tatyana Payosova Article 38 Liability in respect of rail-sea traffic S. 1168

„… or other navigable waters. The carrier may only avail himself of the grounds for exemption referred …” „… the day on which the Secretary General notifies them to the other Member States. Consignments already …”

Erik Evtimov, Tatyana Payosova Article 39 Liability in case of nuclear incidents S. 1169

„… shall be liable for his servants and other persons whose services he makes use of for the performance of …” „… the carriage, when these servants and other persons are acting within the scope of their functions …”

Erik Evtimov, Tatyana Payosova Article 40 Persons for whom the carrier is liable S. 1169

„… shall be liable for his servants and other persons whose services he makes use of for the performance of …” „… the carriage, when these servants and other persons are acting within the scope of their functions …”

Gilles Cuniberti Article 40 Registrable non-consensual rights or interests S. 1402

„… the declaring State so permits, States may declare that the right will extend to other objects than …” „… to arrest or detain an object or any other rights of any State entity in relation to a payment of …”

Peter Mankowski Article 96 CISG S. 413

„… modification or termination by agreement or any offer, acceptance, or other indication of intention to be made …” „… in any form other than in writing, does not apply where any party has his place of business in that …”

Peter Mankowski Article 14 S. 440

„… business of the other party or, if he has no such residence or place of business, then at his last known …” „… the other party shall be deemed the relevant date. 1 See Official Commentary Sono Art. 14 note 1. Art …”

Peter Mankowski Article 18 S. 443

„… limitation period prescribed in this Convention shall cease to run against any other party jointly and …” „… the other debtors not sued, is a compromise2 and a rather cheap price which the claimant has to pay. 1 …”

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

„… the contract by the other party’s fraudulent representation, including language or practices, or …” „… )(a))6 – and (b) a goal “to gain an advantage to the detriment of the other party”.7 Secondly, the …”

Eckart J. Brödermann Introductory Remarks S. 674

„… D. Other Options In addition to requiring restitution under Art. 7.3.7, the parties remain free to …” „… enforce other rights under the UNIDROIT Principles, in particular a claim for damages under Chapter 715 …”

Article 30 Carriage by way of specific inland waterways S. 1068

„… claims arising from the respective carriages or whether other claims, perhaps from previous carriages are …” „… latter waterways is the longer. 3. When a declaration has been made according to paragraph 1, any other …”

Article 32 Regional provisions concerning liability S. 1070

„… both are situated on its own territory or one is situated on its own territory and the other on the …” „… by an act or omission by the master of the vessel, pilot or any other person in the service of the …”

Gilles Cuniberti Introduction S. 1363-1366

„… constituted under the law of one jurisdiction might not be recognized in others where the equipment might be …” „… force on March 1st, 2006; the other protocols have yet to enter into force. This novel approach of …” „… faster speed than the others.13 The second is that it allows the adoption of rules tailored to each …”

Tobias Eckardt Article 31 S. 968-971

„… shall also become enforceable in each of the other contracting States, as soon as the formalities …” „… directed against the sender, the carriers and the consignee as well as their agents, servants or other …” „… to the chosen court as invalid only in as far as it excludes the other courts’ jurisdiction, thus …”

Eckart J. Brödermann Article 2.1.2 (Definition of offer) S. 501

„… with respect to the other.9 The more concrete the essential terms are being communicated, the higher is …” „… responsibility for ‘sunk costs’ of the other party (Art. 1.8).13 Depending on the circumstances (Arts. 4.1–4.2 …”

Klaus Ramming Article 21 Loss of right to limit liability S. 1052

„… the damage would probably result. This somewhat bulky description is found in all other international …” „… transport and many other liability conventions. An act or omission with the intent to cause damage in …”

Introduction Introduction LPC S. 418-421

„… , and Zambia. There are two other States which are Contracting States of the original Limitation …” „… minute, and too comprehensive. It impugns any legislative balance with the treatment of other aspects of …” „… considered as an international standard and part of some kind of lex mercatoria.25 Other recommendations …”

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

„… (un)foreseeability of the loss, which is on the other side.80 Article 75 CISG If the contract is avoided and if, in a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2. Relation to other provisions …” „… party must compensate the other party for the price difference between the contract and the substitute …”

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

„… Article 80 CISG A party may not rely on a failure of the other party to perform, to the extent that such …” „… Article 79.5 In general, the provision covers all kinds of acts or omissions that impede on the other …” „… other side for the own contribution.26 The promisee’s obligations vis-à-vis the promisor are not …”

Stefan Kröll Article 13 Bank-to-Bank Reimbursement Arrangements S. 1449-1450

„… any documents or information presented or providing other information necessary to determine the …” „… . If reimbursement is submitted to the URR they govern. For all other cases Article 13 (b) contains …”

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

„… , personal injuries to, or any other physical or mental harm to, a passenger, caused by an accident arising …” „… CIV UR specifies the legal consequences of the accidents caused by other undertakings (not necessarily …”

Wolf Müller-Rostin Article 33 Jurisdiction S. 1230-1231

„… of paragraph 2, a) “commercial agreement" means an agreement, other than an agency agreement, made …” „… national territory of a contracting state; in other words, when determining whether a 1 For detailed …”

Raimond Emde Article 4 S. 1272-1273

„… contract more than many other legal relationships. Because of the uncertainty associated with the pair of …” „… of Union law" and it exhibits "no other connecting factors to European Union law, either." Article 3 …”

Raimond Emde Article 7 S. 1277-1278

„… into national law.1 Article 7 para. 1 likely gives rise to no other conclusion, since, as shown for …” „… indents. Article 7 para. 2 requires Member States to establish a commission right for certain other …”

Martin Schauer, Magdalena Gruber Article 6 Compensation for recovery costs S. 1340-1341

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IV. Other recovery costs …” „… can be compensated in other procedures provided for by national law.1 Fair compensation for recovery …”

Stefan Kröll Article 8 Confirming Bank Undertaking S. 1440-1441

„… . Provided that the stipulated documents are presented to the confirming bank or to any other nominated bank …” „… confirming bank towards the beneficiary (a, b) and other nominated banks (c). These undertakings are largely …”

Tim W. Dornis Article 66 CISG S. 298-302

„… seller “may make the specification himself ” but does not have to do so and could resort to other …” „… prejudice to any other rights he may have” (Article 65(1)). If the seller chooses to make the specification …” „… , subsequent problems will be dealt with under the parties’ contractual obligations.23 In addition, other kinds …”

Peter Mankowski Article 5 CISG S. 31-32

„… CISG whereas, on the other hand, the CISG in principle governs negotiations as is evidenced by Arts …” „… other hand: Art. 5 CISG encompasses liability in contract, too, if the damage caused only is for death …”

Eckart J. Brödermann Article 2.1.12 (Writings in confirmation) S. 509-510

„… , Art. 1.9), the contract party could expect the other side to tacitly agree to the proposed (minor …” „… interpreted (Arts. 4.2– 4.3) as material.13 Sneaking in a term previously explicitly rejected by the other …”

Eckart J. Brödermann Article 6.2.1 (Contract to be observed) S. 620-621

„… proof), the other party may claim damages (Art. 3.3.1(2)) which are likely to be restricted to the …” „… unknown to the other party in a contract negotiation in Algeria, and hardship was discussed on the basis …”

Eckart J. Brödermann Introduction S. 625-626

„… multiple limitations if other options are available → Art. 7.2.2(b), (c). The regime in Arts. 7.2.1-7.2.5 …” „… interfere with a reasonable expectation of the other party which should be reasonably protected (Arts …”

Eckart J. Brödermann Article 7.3.5 (Effects of termination in general) S. 667-668

„… not affect any provision in the contract for the settlement of disputes or any other term of the …” „… arbitration or private international law regimes)11 and other provisions which “by their very nature are …”

Peter Csoklich Article 14 S. 931-932

„… Hill/Messent/Glass, CMR, p 90; Lamy, para. 1001; Thume/de Smet, CMR3, p 1008. Other opinion obviously in Italy cf …” „… with other terms and conditions of the contract of carriage; this includes any circumstance which make …”

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

„… court. A. Certainty, Probability or Assessment of the Court Jointly with the other provisions in Arts …” „… The discretion of the court encompasses the possibility to also take into account other factors, e.g …”

Eckart J. Brödermann Article 7.4.4 (Foreseeability of harm) S. 681-682

„… Jointly with the other provisions in Arts. 7.4.2-7.4.13, Art. 7.4.4 specifies the right to damages in Art …” „… obligee’s perspective, it is useful to provide information (with proper documentation or other proof of the …”

Tobias Eckardt Article 22 S. 949-950

„… this information has not been entered in the consignment note, the burden of proving, by some other …” „… a safe transport so that Art. 22 CMR serves the protection of the general public.3 The other …”

Tobias Eckardt Article 27 S. 958-959

„… . 17, 19, 212 and 23 CMR.3 Whether other claims against the carrier (such as → Art. 7 para. 3, → Art …” „… , other consequences of the carrier’s failure to pay in time are not covered by the CMR and may thus be …”

Tobias Eckardt Article 25 S. 955-956

„… . 16; Thume/Riemer, Art. 24 para. 3. 4 If the sender should wish to obtain damages for other types of …” „… , customs duties and other charges incurred in respect of that particular carriage are to be included in the …”

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

„… when the buyer has become aware of the encumbrance through other means. Examples for such means are …” „… public advertisements for rival products,7 press reports about actions sought against other parties,8 or …”

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

„… dealings.7 In other words, the “reasonable excuse” is a tool to bring about fairness and equity. In a …” „… ”, equity considerations allow a court to weigh the legitimate interests of the parties against each other …”

Martin Schauer, Magdalena Gruber Article 12 Transposition S. 1358-1360

„… payment or, in other words, rules that are more favourable to the creditor.10 Member States therefore …” „… Geschäftsverkehr’, DNotZ 2015, 644; other countries that transposed the Directive late were e.g. Romania, which …”

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

„… . ‘In the Assignor’s Shoes’ (Para. 1) Principle Consistent with other international instruments1 and …” „… . 9.1.13 no. 26 (referring to ‘other party’ which is the party defending itself against the set-off). 40 …”

Gilles Cuniberti Article 62 Depositary and its functions S. 1415

„… information contained therein is easily and fully available; and (d) perform such other functions customary …”

Gilles Cuniberti Article 45 bisRelationship with the United Nations Convention on the Assignment of Receivables in International Trade S. 1408

„… Chapter XIII Relationship with other Conventions Article 45bis Relationship with the United Nations …”

Gilles Cuniberti Article 46 Relationship with the UNIDROIT Convention on International Financial Leasing S. 1408

„… Chapter XIII Relationship with other Conventions Article 45bis Relationship with the United Nations …”

Gilles Cuniberti Article 47 Signature, ratification, acceptance, approval or accession S. 1408

„… Chapter XIII Relationship with other Conventions Article 45bis Relationship with the United Nations …”

Peter Mankowski Article 41 S. 459

„… .1 If the other States still wish to maintain the joint declaration amongst themselves, they will …”

Peter Mankowski Article 42 S. 459

„… .1 If the other States still wish to maintain the joint declaration amongst themselves, they will …”

Peter Mankowski Article 43 S. 459

„… .1 If the other States still wish to maintain the joint declaration amongst themselves, they will …”

Peter Mankowski Article 43bis (Article X of the Protocol) S. 459

„… .1 If the other States still wish to maintain the joint declaration amongst themselves, they will …”

Peter Mankowski Article 45 S. 461

„… other language versions.1 * Article 45bis of the authentic English text is reproduced as corrected in …”

Peter Mankowski Article 45bis (Article XIII (3) of the Protocol) S. 461

„… other language versions.1 * Article 45bis of the authentic English text is reproduced as corrected in …”

Peter Mankowski Article 46 S. 461

„… other language versions.1 * Article 45bis of the authentic English text is reproduced as corrected in …”

Erik Evtimov, Tetyana Payosova Article 23 Conditions of carriage S. 1103

„… may be indicated by the acronym CIV; c) any other statement necessary to prove the contractual …”

Erik Evtimov, Tetyana Payosova Article 24 Carriage voucher S. 1103

„… may be indicated by the acronym CIV; c) any other statement necessary to prove the contractual …”

Gilles Cuniberti Article 22 Searches S. 1386

„… Chapter V Other matters relating to registration 1386 Gilles Cuniberti 2 …”

Gilles Cuniberti Article 23 List of declarations and declared non-consensual rights or interests S. 1386

„… Chapter V Other matters relating to registration 1386 Gilles Cuniberti 2 …”

Gilles Cuniberti Article 24 Evidentiary value of certificates S. 1386

„… Chapter V Other matters relating to registration 1386 Gilles Cuniberti 2 …”

Tobias Eckardt Article 43 S. 988