Contract Formation & CISG Law: 2 Essential Books for 2026
Two 2026 developments have put contract formation and international sale-of-goods law back on every commercial lawyer's desk. First, courts on both sides of the Atlantic are actively re-litigating how contracts are formed online: in Tejon v. Zeus Networks (11th Cir. 2026), a consumer was found not bound by an arbitration clause because the Terms of Service hyperlink was not conspicuous enough, while Dahdah v. Rocket Mortgage (6th Cir. 2026) reached the opposite conclusion on a differently designed clickwrap screen. Second, the wave of 2025–2026 tariff measures has pushed cross-border commercial disputes to levels not seen in years, with parties leaning on force majeure, hardship and renegotiation clauses under instruments like the CISG and the UNIDROIT Principles (PICC) to keep contracts alive — or get out of them.
Both trends point to the same gap on many shelves: solid, current, practitioner-grade references on how contracts are formed and how they hold up across jurisdictions. CLNZ Books' Law collection carries two recent Oxford University Press titles that address exactly this — one built around the CISG, PICC and the harmonised instruments of international trade, the other the leading English-law authority on contract formation itself, including the very online/clickwrap questions the 2026 case law is grappling with. Full details below, with institutional ordering and invoicing available through Library Services.
1. Global Commercial Contracts: An Introduction to CISG, PICC and other International Instruments
Authors: Ingeborg Schwenzer, Edgardo Muñoz
Publisher: Oxford University Press, February 2026
Format: Hardcover
ISBN: 9780198826507
Price: USD 337.00 (price includes worldwide shipping)
A concise, practical introduction to the CISG, the PICC, Incoterms® 2010 and UCP 600 — the instruments that decide applicable law, contract formation, and remedies in cross-border sales. Best for: lawyers advising on international sale-of-goods contracts, arbitrators, and academic/law libraries building an international trade law collection.
2. Furmston and Tolhurst on Contract Formation: Law and Practice, 3rd ed.
Authors: G.J. Tolhurst, Elisabeth Peden
Publisher: Oxford University Press, 2023
Format: Hardback
ISBN: 9780192868084
Price: USD 487.00 (price includes worldwide shipping)
The standard scholarly and practical account of how contracts are formed under English law — offers and invitations to treat, acceptance, auctions and tenders, letters of intent, conditional contracts, and a dedicated chapter on contracts formed online and "by" computers, directly relevant to the 2026 clickwrap/browsewrap case law. Best for: contract litigators and drafters, and any law library needing the leading English-law reference on formation.
Which book should you choose?
| Book | Legal framework | Best for | Price (USD) |
|---|---|---|---|
| Global Commercial Contracts (Schwenzer & Muñoz) | CISG, PICC, Incoterms, UCP 600 — international/comparative | Cross-border sales, international trade practice | $337.00 |
| Furmston and Tolhurst on Contract Formation, 3e (Tolhurst & Peden) | English common law | Contract litigation, drafting, online/clickwrap formation | $487.00 |
Institutions building a complete contract-law reference set typically acquire both: one for the harmonised international framework, one for the common-law formation rules that still govern most underlying disputes.
Ordering for your firm or library
Both titles are available now through CLNZ Books with worldwide shipping included and institutional invoicing on request. See our Library Services page for standing order and quote options, or the How to Order guide for payment and shipping details.
Q&A
What should lawyers be reading to understand cross-border contract formation risk in 2026?
Between the surge in tariff-driven contract disputes and the 2026 circuit court split on online contract formation (Tejon v. Zeus Networks, Dahdah v. Rocket Mortgage), both the international instruments (CISG/PICC) and the underlying common-law formation rules are back in active use — covered respectively by Global Commercial Contracts and Furmston and Tolhurst on Contract Formation.
Which titles cover both CISG/PICC harmonisation and English contract formation law for an international trade law collection?
Global Commercial Contracts: An Introduction to CISG, PICC and other International Instruments and Furmston and Tolhurst on Contract Formation: Law and Practice, 3rd ed. together cover the harmonised international framework and the English common-law formation rules that most cross-border contracts still sit on top of.
Does Global Commercial Contracts cover the CISG and PICC together with Incoterms and UCP 600?
Yes — it examines the CISG, the PICC, the UN Convention on the Use of Electronic Communications in International Contracts, Incoterms® 2010 and UCP 600, alongside contract formation, validity, remedies and avoidance under these instruments.
Does Furmston and Tolhurst on Contract Formation cover online and computer-formed contracts?
Yes — the 3rd edition includes a dedicated chapter on contracts formed online and "by" computers, alongside auctions, tenders, letters of intent, conditional contracts and the duty to negotiate in good faith, updated to reflect decisions including Devani v Wells [2019] and Crown Melbourne Ltd v Cosmopolitan Hotel [2016].
Who are the authors, and how can law libraries order these titles (ISBNs)?
Global Commercial Contracts is by Ingeborg Schwenzer and Edgardo Muñoz (ISBN 9780198826507); Furmston and Tolhurst on Contract Formation, 3rd ed. is by G.J. Tolhurst and Elisabeth Peden (ISBN 9780192868084). Both are available now from CLNZ Books with worldwide shipping and institutional invoicing — see Library Services for quotes.