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Hardship and Force Majeure in International Commercial Contracts: Dealing with Unforeseen Events in a Changing World

Hardship and Force Majeure in International Commercial Contracts: Dealing with Unforeseen Events in a Changing World
 

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 substan... read full description below.

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ISBN 9789403514635
Published 31 July 2019 by Kluwer Law International
Format Hardback
Author(s) Edited by Bortolotti, Fabio
Edited by Ufot, Dorothy
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Full details for this title

ISBN-13 9789403514635
ISBN-10 9403514639
Stock Available
Status Showing not yet available from supplier. Ships once released.
Publisher Kluwer Law International
Imprint Kluwer Law International
Publication Date 31 July 2019
Publication Country Netherlands Netherlands
Format Hardback
Author(s) Edited by Bortolotti, Fabio
Edited by Ufot, Dorothy
Category International Law Of Transport & Communications
Legal Procedure: Arbitration
Number of Pages 232
Dimensions Not specified
Weight Not specified - defaults to 1,000g
Interest Age General Audience
Reading Age General Audience
NBS Text National Law: Professional
ONIX Text Professional and scholarly
Dewey Code Not specified
Catalogue Code Not specified

Description of this Book

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.

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