Force Majeure And Hardship Under General Contract Principles PDF Download
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Author | : Christoph Brunner |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 626 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 9041127925 |
Download Force Majeure and Hardship Under General Contract Principles Book in PDF, ePub and Kindle
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 |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 308 |
Release | : 2019-07-15 |
Genre | : Law |
ISBN | : 9403514736 |
Download Hardship and Force Majeure in International Commercial Contracts Book in PDF, ePub and Kindle
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 | : Ewan McKendrick |
Publisher | : CRC Press |
Total Pages | : 404 |
Release | : 2013-12-13 |
Genre | : Law |
ISBN | : 1317908813 |
Download Force Majeure and Frustration of Contract Book in PDF, ePub and Kindle
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.
Author | : Marcel Fontaine |
Publisher | : BRILL |
Total Pages | : 674 |
Release | : 2015-03-31 |
Genre | : Law |
ISBN | : 9047430239 |
Download Drafting International Contracts Book in PDF, ePub and Kindle
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 | : Peng Guo |
Publisher | : Springer Nature |
Total Pages | : 198 |
Release | : 2021-11-09 |
Genre | : Law |
ISBN | : 9811655138 |
Download Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective Book in PDF, ePub and Kindle
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 | : G. H. Treitel |
Publisher | : |
Total Pages | : 599 |
Release | : 1994-01-01 |
Genre | : Contracts |
ISBN | : 9780421403505 |
Download Frustration and Force Majeure Book in PDF, ePub and Kindle
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 | : International Chamber of Commerce |
Publisher | : |
Total Pages | : 30 |
Release | : 1985 |
Genre | : Contracts |
ISBN | : |
Download Force Majeure and Hardship Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 36 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Download Force Majeure and Hardship Book in PDF, ePub and Kindle
Author | : Michael Joachim Bonell |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 706 |
Release | : 2009-03-27 |
Genre | : Law |
ISBN | : 900419469X |
Download An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts Book in PDF, ePub and Kindle
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 | : Mo Zhang |
Publisher | : BRILL |
Total Pages | : 495 |
Release | : 2019-12-16 |
Genre | : Law |
ISBN | : 9004414789 |
Download Chinese Contract Law - Theory & Practice, Second Edition Book in PDF, ePub and Kindle
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.