Preface

Acknowledgements

Chapter 1 Introduction and Overview

• Background of the CISG
• History and origins of the CISG
• Status of the CISG
• Structure of the CISG
• Salient Features of the CISG
  
  • Scope of the CISG
  • Interpretation of the CISG
  • Choices of opting out and opting in

Chapter 2 Interplay between the CISG and the Relevant Law of Hong Kong

• Introduction
• Brief Overview of the Relevant Hong Kong law
• Comparison between the CISG and Hong Kong Law
• Summary table of main points of analysis
• Summary of Comparative Exercise - Legal Considerations for Extension of the CISG to Hong Kong
  
  • Compatibility of the CISG with Hong Kong Law
  • Where the CISG itself regulates incompatibility - Agency
  • Select Compatibility Issues - Validity
  • Select Compatibility Issues - Property
  • Conclusion on Compatibility
• Freedom of Choice: Opt-In or Opt-Out?
  
  • Problems with Opting In
  • Difficulties with the Opt-Out Regime
  • Conclusion on Opt-In or Opt-Out

Chapter 3 Economic and Legal Considerations for Extension of the CISG to Hong Kong

• Introduction and Overview
• Whether there is a need for Hong Kong to apply the CISG
  
  • General economic factors
  • Hong Kong's position in total external trade
  • Hong Kong's position as an exporter
  • Effect of the Belt and Road Initiative on CISG implementation
  • Confusion in foreign legal systems as to the position of Hong Kong under the CISG
• Pros and Cons of Implementing the CISG in Hong Kong
  
  • Pros of implementing the CISG in Hong Kong
  • Implementation of the CISG will potentially drive GDP and trade growth
  • Implementation of the CISG will prevent Hong Kong businesses from being subject to unfamiliar foreign laws when entering into cross-boundary transactions
  • Implementation of the CISG will improve Hong Kong's competence in resolving CISG disputes
  • Access to relevant information and resources will make CISG provisions easier to understand for businesses
  • The ability to derogate from the CISG increases party autonomy and flexibility
  • Cons of implementing the CISG in Hong Kong
  • The implementation of the CISG in Hong Kong may disturb the status quo
  • Implementation of the CISG would detract from the common law
  • The CISG deliberately does not address certain issues
  • The practice of exclusion of the CISG

Chapter 4 Application and Implementation of the CISG in Hong Kong

• Application of the CISG to Hong Kong
• Implementation of the CISG
  
  • How should the CISG be implemented locally?
  • Mainland China/Hong Kong transactions
  • Reservation under Article 95 of the CISG
• Provisions of the Draft Bill