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- Force Majeure and Hardship Under General Contract Principles: Exemption for Non-Performance in International Arbitration
Force Majeure and Hardship Under General Contract Principles: Exemption for Non-Performance in International Arbitration
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Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements and claims as the following:
- impossibility of performance,
- frustration of contract,
- impracticability,
- interference by the other party,
- contractual risk allocations,
- unforeseeability of an impediment,
- third party responsibility,
- effect of mandatory rules,
- excluded rights,
- threshold tests,
- and irreconcilable differences.
The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. In addition, as an insightful investigation into the fundamental question of the borderlines of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
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