Force Majeure and Hardship Under General Contract Principles: Exemption for Non-Performance in International Arbitration
Christoph Brunner
Abstract
Christoph Brunner
Abstract
Chapter 1. Introduction. A 1. Force Majeure and Hardship in International Commercial Transactions. A 2. General Principles of Commercial Contracts: Methodological Approach. Chapter 2. Scope of Application of General Contract Principles. A 3. General Remarks on the Governing Law and the Application of General Contract Principles. A 4. Choice of Law Agreement Providing for the Application of a National Law. A 5. No Choice of Law Made by the Parties. Chapter 3. The Concept of Non-performance. A 6. The Concept of Non-Performance under General Contract Principles. Chapter 4. Force Majeure Excuse. A 7.The Force Majeure Excuse as a General Principle of Law. A 8. Individual Requirements of the Force Majeure Excuse under General Contract Principles. A 9. Legal Effects of the Force Majeure Excuse. A 10. Interpretation and Effects of Force Majeure Clauses. Chapter 5. Hardship (Change of Circumstances): Fundamental Change of the Equilibrium of the Contract. A 11.Hardship as a General Principle of Law. A 12. Individual Requirements of the Hardship Defence. A 13. Legal Effects of Hardship. A 14. Interpretation and Legal Effects of Hardship Clauses. A 15. Hardship Distinguished from Other Remedies. Chapter 6. Conclusion.
OpenAlex reports 59 citations for this work. Citation counts describe recorded attention and do not establish research quality.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Chapter 1. Introduction. A 1. Force Majeure and Hardship in International Commercial Transactions. A 2. General Principles of Commercial Contracts: Methodological Approach. Chapter 2. Scope of Application of General Contract Principles. A 3. General Remarks on the Governing Law and the Application of General Contract Principles. A 4. Choice of Law Agreement Providing for the Application of a National Law. A 5. No Choice of Law Made by the Parties. Chapter 3. The Concept of Non-performance. A 6. The Concept of Non-Performance under General Contract Principles. Chapter 4. Force Majeure Excuse. A 7.The Force Majeure Excuse as a General Principle of Law. A 8. Individual Requirements of the Force Majeure Excuse under General Contract Principles. A 9. Legal Effects of the Force Majeure Excuse. A 10. Interpretation and Effects of Force Majeure Clauses. Chapter 5. Hardship (Change of Circumstances): Fundamental Change of the Equilibrium of the Contract. A 11.Hardship as a General Principle of Law. A 12. Individual Requirements of the Hardship Defence. A 13. Legal Effects of Hardship. A 14. Interpretation and Legal Effects of Hardship Clauses. A 15. Hardship Distinguished from Other Remedies. Chapter 6. Conclusion.
Key concepts: Force majeure, Excuse, Exclusion clause, Interpretation (philosophy), Law and economics, Unconscionability, Arbitration, Law