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Force Majeure - Chapter 22 - Remedies in International Sales

Author(s): 
Chengwei Liu
Page Count: 
50 pages
Media Description: 
1 PDF from "Remedies in International Sales"
Published: 
June, 2007
Author Detail: 

About the Author:
Chengwei Liu has practiced as a PRC lawyer in international trade and arbitration, FDI, M & A and IPO since his graduation from Renmin University of China. He has contributed to a CISG comparative review book published by Cambridge University Press and has authored over ten journal articles that have appeared in the Pace Review of the CISG, China Law & Practice, etc.

About the Editor:
Marie Stefanini Newman is the Director of the Pace University School of Law Library and an Associate Professor of Law. She also serves as Database Manager of the Pace website devoted to the United Nations Convention on Contracts for the International Sale of Goods.

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Originally from Remedies in International Sales - Hardcover
                           Remedies in International Sales - PDF

Preview Page from Chapter 22

§22.1 General
It is generally recognized that force majeure is an excuse for nonperformance of a contractual obligation which depends on the facts and circumstances. The term “force majeure,” which is subject to various interpretations, is nonetheless chosen here because it is widely known in international trade practice, as confirmed by the inclusion in many international contracts of so-called “force majeure” clauses.
Under the Convention, force majeure issues are dealt with in Art.79, which reads:
(1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into

Table of Contents: 

Section
§22.1 General
§22.2 Scope of Application
§22.3 Essentials of a Qualified Exemption
22.3.1 The prevailing of force majeure clauses
22.3.2 The novel term “impediment”
22.3.3 External character of the impediment
22.3.4 Unforeseeability of the impediment
22.3.5 Unavoidability of the impediment
22.3.6 Causality between impediment and non-performance
§22.4 Exemption Due to Third Person: CISG Art. 79(2)
22.4.1 Introduction
22.4.2 The “third person” within CISG Art. 79(2)
22.4.3 Special requirements under CISG Art. 79(2)
§22.5 Particular Applications
22.5.1 The focusing on risk allocation
22.5.2 Financial embarrassment in performance
22.5.3 Failure due to a third-party supplier
§22.6 The Notice
§22.7 The Effects
22.7.1 Introduction
22.7.2 Damages exempted
22.7.3 Interest untouched
22.7.4 Other remedies available
22.7.5 The availability of specific performance
22.7.6 A summary