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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

作者： Fabio Bortolotti; Dorothy Ufot
出版商： Kluwer Law International
ISBN: 9789403514635
出版时间 July 2019
规格： Paperback , 232 pages
适应领域： International ? 免责申明：
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详细

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.
Foreword

Introduction

CHAPTER 1
The Evolution of the Rules on Hardship

CHAPTER 2
Adaptation of Contracts by Arbitrators

CHAPTER 3
Rules on Force Majeure as Illustrated in Recent Case Law

CHAPTER 4
Analysing the ICC Force Majeure Clause 2003

CHAPTER 5
Revision of the ICC Force Majeure and Hardship Clause

CHAPTER 6
Force Majeure Clauses and their Relationship with the Applicable Law, General Principles of Law and Trade Usages

CHAPTER 7
Economic Sanctions, Force Majeure and Hardship

Conclusion

About the Authors.

About the Editors.

Index

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