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Force Majeure and Hardship Under General Contract Principles: Exemption for Non-Performance in International Arbitration

Christoph Brunner

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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.

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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.

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Available 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.

Key concepts: Force majeure, Excuse, Exclusion clause, Interpretation (philosophy), Law and economics, Unconscionability, Arbitration, Law

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