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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Force Majeure and Hardship Under General Contract Principles

ISBN13: 9789041127921
Published: January 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £148.00

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Lawyers involved in international commercial transactions know well that 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 codes. Its most important ‘restatements’ are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and two ‘soft law’ codifications of international commercial contract law: the UNIDROIT Principles of International Commercial Contracts and the European Principles of Contract Law (PECL).

Contract Law, International Trade, Arbitration and Dispute Resolution
Chapter 1 Introduction. ;
Force Majeure and Hardship in International Commercial Transactions.
General Principles of Commercial Contracts: Methodological Approach.
Chapter 2 Scope of Application of General Contract Principles. ;
General Remarks on the Governing Law and the Application of General Contract Principles.
Choice of Law Agreement Providing for the Application of a National Law.
No Choice of Law Made by the Parties.
Chapter 3 The Concept of Non-performance.;
The Concept of Non-Performance under General Contract Principles.
Chapter 4 Force Majeure Excuse. ;
The Force Majeure Excuse as a General Principle of Law.
Individual Requirements of the Force Majeure Excuse under General Contract Principles.
Legal Effects of the Force Majeure Excuse.
Interpretation and Effects of Force Majeure Clauses.
Chapter 5 Hardship (Change of Circumstances): Fundamental Change of the Equilibrium of the Contract. ;
Hardship as a General Principle of Law.
Individual Requirements of the Hardship Defence.
Legal Effects of Hardship.
Interpretation and Legal Effects of Hardship Clauses.
Hardship Distinguished from Other Remedies.
Chapter 6 Conclusion.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published December 2016
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published October 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print