Force Majeure Clauses
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Force Majeure And Frustration Of Contract
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Author : Ewan McKendrick
language : en
Publisher: CRC Press
Release Date : 2013-12-13
Force Majeure And Frustration Of Contract written by Ewan McKendrick and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-13 with Law categories.
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.
Force Majeure And Hardship Under General Contract Principles
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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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 Force Majeure In International Commercial Contracts
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Author : Fabio Bortolotti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-15
Hardship And Force Majeure In International Commercial Contracts written by Fabio Bortolotti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Law categories.
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.
Force Majeure Clauses
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Author : Belinda Lê Sellars
language : en
Publisher:
Release Date : 1994
Force Majeure Clauses written by Belinda Lê Sellars and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Contracts categories.
Proposed Force Majeure Clause For Construction Contracts Under Prevailing Laws
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Author : Amr Mohammad Abu Helw
language : en
Publisher:
Release Date : 2018
Proposed Force Majeure Clause For Construction Contracts Under Prevailing Laws written by Amr Mohammad Abu Helw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Construction contracts categories.
Abstract: Force majeure is one of the most critical risks that affects the obligations of the contract parties in the construction industry. The concept of force majeure, basically, is a civil law concept that is found in the civil codes of most civil law jurisdictions, while common law does not recognize such concept with the same wide definition and application. Occurrence of a Force majeure event can dramatically affect the execution of the contract as it hinders a party of the contract, or both parties, from fulfilling its/their obligations for a reason beyond its/their control and expectation. Thus it is vital to have a well drafted force majeure clause in construction contracts to give an excuse to the affected party from further performance of its obligations under the contract until the expiration of the event or, sometimes, to give a right to terminate the contract. The aim of this research is to propose a force majeure clause applicable to all kinds of construction contracts either governed by a civil law or a common law jurisdiction. To achieve that aim, a questionnaire survey is conducted to explore the opinions and past experience of a selected professional group consisting of twenty five professionals working in the construction field with contract administration background. Based on the finding of literature review, the survey findings, and on a number of contracts the researcher dealt with during his professional life a model clause is developed. The model clause is then verified by obtaining the opinions of three experts in contracts administration. It is also compared with four mega project contracts in several countries. The results of the comparison indicates that the model clause is comprehensive and can be applied to construction contracts to achieve its intended purpose.
Force Majeure Clauses In International Commercial Contracts
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Author : Christian Braun
language : en
Publisher:
Release Date : 2003
Force Majeure Clauses In International Commercial Contracts written by Christian Braun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Force Majeure Clauses And Frustration
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Author : Richard Swinburn
language : en
Publisher:
Release Date : 2006
Force Majeure Clauses And Frustration written by Richard Swinburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Frustration categories.
Force Majeure Clauses And Frustration
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Author : Andrea Lista
language : en
Publisher:
Release Date : 2013
Force Majeure Clauses And Frustration written by Andrea Lista and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Frustration categories.
Force Majeure Clauses And Frustration
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Author : Filippo Lorenzon
language : en
Publisher:
Release Date : 2009
Force Majeure Clauses And Frustration written by Filippo Lorenzon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Frustration categories.
Force Majeure Clauses In International Commercial Contracts
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Author : Christian Braun
language : en
Publisher:
Release Date : 2003
Force Majeure Clauses In International Commercial Contracts written by Christian Braun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.