Force Majeure And Hardship Under General Contract Principles

Author : Christoph Brunner
Publisher : Kluwer Law International B.V.
Page : 626 pages
File Size : 41,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127921

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Force Majeure and Hardship Under General Contract Principles by Christoph Brunner Pdf

Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Author : Fabio Bortolotti,Dorothy Ufot
Publisher : Kluwer Law International B.V.
Page : 308 pages
File Size : 43,6 Mb
Release : 2019-07-15
Category : Law
ISBN : 9789403514734

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Hardship and Force Majeure in International Commercial Contracts by Fabio Bortolotti,Dorothy Ufot Pdf

Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.

Author : Peng Guo
Publisher : Springer Nature
Page : 198 pages
File Size : 53,9 Mb
Release : 2021-11-09
Category : Law
ISBN : 9789811655135

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Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by Peng Guo Pdf

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

Author : Marcel Fontaine,Filip de Ly
Publisher : BRILL
Page : 674 pages
File Size : 54,5 Mb
Release : 2015-03-31
Category : Law
ISBN : 9789047430230

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Drafting International Contracts by Marcel Fontaine,Filip de Ly Pdf

Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

Author : G. H. Treitel
Publisher : Unknown
Page : 599 pages
File Size : 41,5 Mb
Release : 1994-01-01
Category : Contracts
ISBN : 0421403500

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Frustration and Force Majeure by G. H. Treitel Pdf

This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.

Author : Anonim
Publisher : Unknown
Page : 36 pages
File Size : 49,6 Mb
Release : 1985
Category : Law
ISBN : STANFORD:36105043873293

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Force Majeure and Hardship by Anonim Pdf

Author : Larry DiMatteo,André Janssen,Ulrich Magnus,Reiner Schulze
Publisher : Nomos/Hart
Page : 0 pages
File Size : 40,6 Mb
Release : 2021-07-15
Category : Law
ISBN : 9781509953233

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International Sales Law by Larry DiMatteo,André Janssen,Ulrich Magnus,Reiner Schulze Pdf

"An indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is tempted to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate." European Review of Private Law 2017 (of the 1st edition) Almost 5 years have passed since the first edition of this popular work was published. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have undergone important changes: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in in 2016, the UNIDROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and practitioners will find its systematic survey of the field invaluable.

Author : Piero Bernardini
Publisher : Unknown
Page : 278 pages
File Size : 49,7 Mb
Release : 1993
Category : Arbitration agreements, Commercial
ISBN : UOM:35112200538686

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Transnational Rules in International Commercial Arbitration by Piero Bernardini Pdf

Author : Michael Joachim Bonell
Publisher : Martinus Nijhoff Publishers
Page : 706 pages
File Size : 51,8 Mb
Release : 2009-03-27
Category : Law
ISBN : 9789004194694

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An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by Michael Joachim Bonell Pdf

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 43,7 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 40,9 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
Page : 612 pages
File Size : 48,7 Mb
Release : 2000-01-01
Category : Law
ISBN : 9789041113054

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Principles of European Contract Law by Commission on European Contract Law Pdf

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

Author : Ewoud Hondius,Christoph Grigoleit
Publisher : Cambridge University Press
Page : 715 pages
File Size : 41,7 Mb
Release : 2011-03-03
Category : Law
ISBN : 9781139501156

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Unexpected Circumstances in European Contract Law by Ewoud Hondius,Christoph Grigoleit Pdf

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

Author : Hamid Gharavi,Christoph Liebscher
Publisher : Kluwer Law International B.V.
Page : 221 pages
File Size : 54,9 Mb
Release : 2002-03-14
Category : Law
ISBN : 9789041117175

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The International Effectiveness of the Annulment of an Arbitral Award by Hamid Gharavi,Christoph Liebscher Pdf

In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.

Author : Ewan McKendrick
Publisher : CRC Press
Page : 404 pages
File Size : 52,9 Mb
Release : 2013-12-13
Category : Law
ISBN : 9781317908814

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Force Majeure and Frustration of Contract by Ewan McKendrick Pdf

This updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.