The Contractual Obligations, Subsequent Impossibility and Commercial Hardship - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Contractual Obligations, Subsequent Impossibility and Commercial Hardship write by Rakan Fahad M. Alrdaan. This book was released on 2016. The Contractual Obligations, Subsequent Impossibility and Commercial Hardship available in PDF, EPUB and Kindle.
Force Majeure and Hardship Under General Contract Principles
Force Majeure and Hardship Under General Contract Principles - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Force Majeure and Hardship Under General Contract Principles write by Christoph Brunner. This book was released on 2009-01-01. Force Majeure and Hardship Under General Contract Principles available 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.
Hardship and Its Impact on Contractual Obligations
Hardship and Its Impact on Contractual Obligations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hardship and Its Impact on Contractual Obligations write by Joseph M. Perillo. This book was released on 1996. Hardship and Its Impact on Contractual Obligations available in PDF, EPUB and Kindle.
Impossibility of Performance
Impossibility of Performance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Impossibility of Performance write by Roy Granville McElroy. This book was released on 2014. Impossibility of Performance available in PDF, EPUB and Kindle. This book, first published in 1941, provides a comprehensive analysis of impossibility in relation to contract law.
Hardship and Force Majeure in International Commercial Contracts
Hardship and Force Majeure in International Commercial Contracts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hardship and Force Majeure in International Commercial Contracts write by Fabio Bortolotti. This book was released on 2019-07-15. Hardship and Force Majeure in International Commercial Contracts available 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.
