Force Majeure and Hardship Under General Contract Principles
Exemption for Non-performance in International Arbitration
By: Christoph Brunner
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.
AI Overview
The book "Force Majeure and Hardship Under General Contract Principles" by Christoph Brunner is a comprehensive analysis of the principles of exemption for non-performance in international commercial arbitration, particularly focusing on "force majeure" and "hardship." Here is a detailed overview of the book:
Key Themes
Force Majeure and Hardship: The book extensively explores the concepts of force majeure and hardship, which are commonly invoked as exemptions for non-performance in international commercial contracts. It delves into the scope and content of these principles, examining their application in various legal frameworks.
General Principles of Law: The author advocates for the use of general principles of law in addressing issues related to force majeure and hardship. This approach is derived from international commercial contract law, including the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the European Principles of Contract Law (PECL).
International Commercial Arbitration: The book is particularly relevant to lawyers involved in international commercial transactions. It analyzes contemporary approaches to exemptions for non-performance as manifested in case law, providing a thorough understanding of how these principles are applied in practice.
Plot Summary
The book does not have a narrative plot but rather a structured analysis of the legal concepts. It is divided into chapters that systematically explore the principles of force majeure and hardship, their historical development, and their application in various jurisdictions. The author examines the legal codes and conventions that underpin these principles, providing a comprehensive overview of the exemptions for non-performance in international commercial arbitration.
Critical Reception
The book has received positive reviews for its thorough analysis and comprehensive coverage of the subject matter. It is considered a major contribution to the field of international commercial arbitration, particularly in addressing unforeseen events that affect contract performance. The book's use of general principles of law is seen as an effective approach to handling exemptions for non-performance, making it a valuable resource for legal professionals involved in international transactions.
Publication Details
- Author: Christoph Brunner
- Publication Date: January 2009
- Publisher: Kluwer Law International
- ISBN: 9789041127921
- Pages: 624 pages
- Format: Hardcover
The book is available for purchase through various legal bookstores and online platforms, including Wolters Kluwer and Kluwer Law International.