Force Majeure And Hardship Under General Contract Principles
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Force Majeure And Hardship Under General Contract Principles
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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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.
Hardship And Force Majeure In International Commercial Contracts
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Author : Fabio Bortolotti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-15
Hardship And Force Majeure In International Commercial Contracts written by Fabio Bortolotti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Law categories.
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.
Force Majeure And Frustration Of Contract
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Author : Ewan McKendrick
language : en
Publisher: CRC Press
Release Date : 2013-12-13
Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Law categories.
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.
Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
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Author : Peng Guo
language : en
Publisher: Springer Nature
Release Date : 2021-11-09
Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective written by Peng Guo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-09 with Law categories.
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.
Force Majeure And Hardship
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Author :
language : en
Publisher:
Release Date : 1985
Force Majeure And Hardship written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
International Sales Law
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Author : Larry DiMatteo
language : en
Publisher: Nomos/Hart
Release Date : 2021-07-15
International Sales Law written by Larry DiMatteo and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
"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.
Drafting International Contracts
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Author : Marcel Fontaine
language : en
Publisher: BRILL
Release Date : 2015-03-31
Drafting International Contracts written by Marcel Fontaine and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-31 with Law categories.
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.
Frustration And Force Majeure
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 1994-01-01
Frustration And Force Majeure written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with Contracts categories.
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.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
An International Restatement Of Contract Law The Unidroit Principles Of International Commercial Contracts
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Author : Michael Joachim Bonell
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009-03-27
An International Restatement Of Contract Law The Unidroit Principles Of International Commercial Contracts written by Michael Joachim Bonell and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-27 with Law categories.
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.