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COVID-19 in the Context of the CISG: Reconsidering the Concept of Hardship and Force Majeure

Citation

So, LK and Sooksripaisarnkit, P and Garimella, SR, COVID-19 in the Context of the CISG: Reconsidering the Concept of Hardship and Force Majeure, Balkan Yearbook of European and International Law 2020, Springer, Z Meskic, I Kunda, DV Popovic and E Omerovic (ed), Switzerland, pp. 105-119. ISBN 978-3-030-65294-4 (2021) [Research Book Chapter]

Copyright Statement

Copyright 2021 The Author(s), under exclusive license to Springer Nature Switzerland AG

DOI: doi:10.1007/16247_2020_15

Abstract

The COVID-19 pandemic has caused difficulties and created disruptions to human lives worldwide, including commercial lives. It is not surprising that parties to international sales transactions agreed upon according to the United Nations Convention on Contracts for the International Sale of Goods (CISG) will try to invoke the exception in Article 79 to exempt their liability for damages. However, this article argues that Article 79 is hard to apply in practice and is almost not available to the contracting parties. To do so, it examines Article 79 and moves on to attempt to apply it to various difficulties the contracting parties are likely to face in this time of global pandemic. Finally, this article argues that the best way for the contracting parties to protect themselves is to resort to the use of appropriate force majeure or hardship clauses.

Item Details

Item Type:Research Book Chapter
Research Division:Law and Legal Studies
Research Group:Commercial law
Research Field:Commercial law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Civil justice
UTAS Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
ID Code:145362
Year Published:2021
Deposited By:Maritime and Logistics Management
Deposited On:2021-07-19
Last Modified:2021-09-24
Downloads:0

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