Accept allAccept only necessary cookies
You can either agree to all external services and associated cookies, or only to those that are absolutely necessary for the website to function correctly. Please note that if you choose the second option, not all content may be displayed.
you need the free eBook reader Adobe Digital Editions (download). After purchasing an eBook you will receive a download link. This link can only be used once and loses its validity after the download. In order to use an eBook on several devices (PC, laptop, tablet) and also after a device change without problems, please create an account with Adobe ADE. Of course, it is also possible to use the book without an account, but then you can only use the book on the device on which you have downloaded it. It is not possible to take the book to another device without an account.
Höhere Gewalt und Härtefälle (Version März 2020)Pub. No. 1200 | Language DE
Force Majeure and Hardship (March 2020)Pub. No. 1200 | Language EN
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 specific 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.