Abstract
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Highlights
Since the very start of 2020, international business actors have become increasingly concerned with the “viral exceptionalism”[1] caused by the various governmental pandemic-mitigation restrictions (PMRs) enacted in response to COVID-19.2
In all jurisdictions the issue arises as to the impact of COVID-19 on the ability of the parties to duly perform their contractual obligations. This circumstance is not confined to domestic settings, but extends to international business transactions, where the risks arising both from pandemics and from the subsequent PMRs are typically regulated through appropriate force majeure clauses.[9]
This article attempted to test the suitability of existing force majeure clauses in international business transactions vis-à-vis the PMRs enacted in response to COVID-19
Summary
Since the very start of 2020, international business actors have become increasingly concerned with the “viral exceptionalism”[1] caused by the various governmental pandemic-mitigation restrictions (PMRs) enacted in response to COVID-19.2. In all jurisdictions the issue arises as to the impact of COVID-19 on the ability of the parties to duly perform their contractual obligations This circumstance is not confined to domestic settings, but extends to international business transactions, where the risks arising both from pandemics and from the subsequent PMRs are typically regulated through appropriate force majeure clauses.[9] unlike the corresponding national provisions regarding force majeure, which tend to exclude the party’s liability for failure to perform, the above-mentioned clauses regulate the effects of force majeure events in several different fashions by offering the parties ways to preserve their contractual relationships.[10]. It examines the possible extraterritorial reach of such PMRs
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