Abstract

An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.

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

Read more

Summary

BACKGROUND

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

How COVID-19 affects international contracts
International contracts’ resilience to the COVID-19 pandemic
The legal conundrum of domestic pandemic-mitigation restrictions
The impact of domestic measures on international contracts
CONCLUSION
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call