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Hardship And Force Majeure In International Commercial Contracts
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Book Synopsis Hardship and Force Majeure in International Commercial Contracts by : Fabio Bortolotti
Download or read book Hardship and Force Majeure in International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International B.V.. This book was released on 2019-07-15 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Hardship Approach in the UNIDROIT Principles of International Commercial Contracts and Its Equivalent in German Law of Obligations - A Comparison by : Karsten Keilhack
Download or read book The Hardship Approach in the UNIDROIT Principles of International Commercial Contracts and Its Equivalent in German Law of Obligations - A Comparison written by Karsten Keilhack and published by GRIN Verlag. This book was released on 2007-09-30 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 67%, Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The UNIDROIT Principles of International Commercial Contracts1 have been published in May 1994 by the Rome-based International Institute for the Unification of Private Law (UNIDROIT), an intergovernmental organisation established in 1926. The Working Group on the UNIDROIT Principles was found in 1980 and consisted of independent legal scholars of all major legal systems of the world. The UNIDROIT Principles are not binding law. Most legal writers agree that they can be characterised as a restatement of the law of international commercial contracts2 and despite the controversial issue about the very existence, scope and content of a lex mercatoria - the possibility of applying supranational law to international legal relationships- most authors agree that it exists and that the UNIDROIT Principles are a significant part of it3. The object of this paper is to examine the UNIDROIT Principles' approach to hardship laid down in Chapter 6, Section 2 and to compare it with its equivalent provision in the German Civil Code (Bürgerliches Gesetzbuch, hereinafter BGB), § 3134. For this purpose it is firstly necessary to define the term "hardship". Thereafter I will consider the respective provisions in detail and highlight differences and similarities.
Download or read book Force Majeure and Hardship written by and published by . This book was released on 1985 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Drafting and Negotiating International Commercial Contracts by : Fabio Bortolotti
Download or read book Drafting and Negotiating International Commercial Contracts written by Fabio Bortolotti and published by Kluwer Law International. This book was released on 2009-02-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.
Book Synopsis Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by : Peng Guo
Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Force Majeure and Hardship by : International Chamber of Commerce
Download or read book Force Majeure and Hardship written by International Chamber of Commerce and published by . This book was released on 1985 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of International Commercial Contracts by : International Institute for the Unification of Private Law
Download or read book Principles of International Commercial Contracts written by International Institute for the Unification of Private Law and published by . This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Rules in International Commercial Arbitration by : Piero Bernardini
Download or read book Transnational Rules in International Commercial Arbitration written by Piero Bernardini and published by . This book was released on 1993 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts by : Michael Joachim Bonell
Download or read book An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Equilibrium in International Commercial Contracts by : Ahmet Cemil Yıldırım
Download or read book Equilibrium in International Commercial Contracts written by Ahmet Cemil Yıldırım and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 20th century has witnessed many wars, natural disasters, political and financial crises, the spread of information and communication technologies, and the expansion of global trade. These political, economical, and social events had some effect on legal systems, both in national and international levels. As these events altered the equilibrium of many contracts, legal institutions that regard the restoration of the equilibrium of reciprocal contractual undertakings were developed in the last century, such as lesion, unconscionability, unfairness, gabin, eccessiva onerosita sopravvenuta, imprevision, Wegfall der Geschafts-grundlage, i'lem temelinin cokmesi, and hardship. This book examines these institutions in the context of national, international, and transnational laws from a comparative point of view. It illustrates how the legal remedies are applied in periods of political and financial crises in the context of various legal systems. The book is the most complete study of the UNIDROIT Principles' provisions on gross disparity and hardship that also include the relevant arbitral case law.
Book Synopsis Force Majeure and Frustration of Contract by : Ewan McKendrick
Download or read book Force Majeure and Frustration of Contract written by Ewan McKendrick and published by CRC Press. This book was released on 2013-12-13 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Hardship and Its Impact on Contractual Obligations by : Joseph M. Perillo
Download or read book Hardship and Its Impact on Contractual Obligations written by Joseph M. Perillo and published by . This book was released on 1996 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unexpected Circumstances in European Contract Law by : Ewoud Hondius
Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Drafting International Contracts by : Marcel Fontaine
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2006 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis International Sales Agreements by : James M. Klotz
Download or read book International Sales Agreements written by James M. Klotz and published by Kluwer Law International B.V.. This book was released on 2018-05-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.
