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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book ICC Force Majeure and Hardship Clauses written by and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christoph Brunner
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127925
Total Pages : 626 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Fabio Bortolotti
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514736
Total Pages : 308 pages
Book Rating : 4.4/5 (35 download)
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.
Author : Keith White
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)
Download or read book Limiting Risks of Delay and Hardship New I.C.C. Force Majeure and Hardship Clauses written by Keith White and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Author : Canadian Conservation Institute
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)
Download or read book Limiting Risks of Delay and Hardship - Force Majeure and Hardship Clauses written by Canadian Conservation Institute and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marcel Fontaine
Publisher : BRILL
ISBN 13 : 9047430239
Total Pages : 674 pages
Book Rating : 4.0/5 (474 download)
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.
Author :
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (255 download)
Download or read book Force Majeure and Hardship written by and published by . This book was released on 1985 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Debattista
Publisher : Icc Pub
ISBN 13 : 9789284213191
Total Pages : 23 pages
Book Rating : 4.2/5 (131 download)
Download or read book ICC Force Majeure Clause 2003 written by Charles Debattista and published by Icc Pub. This book was released on 2003 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hubert Konarski
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (666 download)
Download or read book Force Majeure and Hardship Clauses in International Contractual Practice written by Hubert Konarski and published by . This book was released on 2002 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernard Hanotiau
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183868
Total Pages : 232 pages
Book Rating : 4.0/5 (411 download)
Download or read book Class and Group Actions in Arbitration written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2016-09-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Author : Fabio Bortolotti
Publisher : Kluwer Law International
ISBN 13 : 9789041128591
Total Pages : 0 pages
Book Rating : 4.1/5 (285 download)
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.
Author :
Publisher :
ISBN 13 : 9789284213238
Total Pages : 120 pages
Book Rating : 4.2/5 (132 download)
Download or read book ICC Model Contract for the Turnkey Supply of an Industrial Plant written by and published by . This book was released on 2003 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lukas Klee
Publisher : John Wiley & Sons
ISBN 13 : 1119430380
Total Pages : 858 pages
Book Rating : 4.1/5 (194 download)
Download or read book International Construction Contract Law written by Lukas Klee and published by John Wiley & Sons. This book was released on 2018-10-22 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.
Author : Cameron A. Miles
Publisher : Cambridge University Press
ISBN 13 : 1107125596
Total Pages : 591 pages
Book Rating : 4.1/5 (71 download)
Download or read book Provisional Measures before International Courts and Tribunals written by Cameron A. Miles and published by Cambridge University Press. This book was released on 2017-01-26 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2 Dispute Settlement Under UNCLOS
Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1139500058
Total Pages : 427 pages
Book Rating : 4.1/5 (395 download)
Download or read book Boilerplate Clauses, International Commercial Contracts and the Applicable Law written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2011-03-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Author : Piero Bernardini
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.3/5 (511 download)
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:
