Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.

The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

In this article, Professor Bergsten discusses and analyzes the development of French legislative provisions which impose a prohibition on the refusal to sell. Starting with the French attitude after the Revolution, he shows the development of anti-price maintenance legislation and indicates how the earlier provisions and their construction by the court proved inadequate to achieve the desired results. The author then traces the history and scope of the current enactment, article 37(1)(a), and analyzes the cases that have arisen under it with special emphasis on the effect of this provision on trademarked products and exclusive dealership concessions.

With the increasing growth of international commercial transactions in Asia and the Pacific, this work provides the essential rules and laws governing commercial dispute resolution in these jurisdictions. Litigation in a foreign jurisdiction can be time consuming, expensive, and very uncertain. Thus, lawyers and business professionals are now turning to arbitration and mediation to find quick and inexpensive ways to resolve their commercial disputes. Designed for the convenience of Pacific Rim specialists and international business professionals, this single volume resource provides comprehensive coverage of Pacific Rim countries and regions such as Asia, Australia, Indonesia, Philippines, and New Zealand. Full-text material presents national rules and enactments, regional conventions, and international agreements governing commercial arbitration. Authoritative English translations guide the reader through the arbitration practice and procedure of these jurisdictions.

With the increasing growth of international commercial transactions in Asia and the Pacific, this work provides the essential rules and laws governing commercial dispute resolution in these jurisdictions. Litigation in a foreign jurisdiction can be time consuming, expensive, and very uncertain. Thus, lawyers and business professionals are now turning to arbitration and mediation to find quick and inexpensive ways to resolve their commercial disputes. Designed for the convenience of Pacific Rim specialists and international business professionals, this single volume resource provides comprehensive coverage of Pacific Rim countries and regions such as Asia, Australia, Indonesia, Philippines, and New Zealand. Full-text material presents national rules and enactments, regional conventions, and international agreements governing commercial arbitration. Authoritative English translations guide the reader through the arbitration practice and procedure of these jurisdictions.