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Hidayatullah National Law University, Near Abhanpur, Uperwara Post, Raipur
Volume - 3,
Issue - 1,
Year - 2015
The United Nations set the sails of the Convention on the International Sale of Goods (CISG) in 1988. The ambition was to create a uniform set of rules to support the ever-growing international trade. The Convention has become vastly successful and can count most of the world’s largest economies as its contracting states.
When a party to a contract governed by CISG is suddenly struck by unforeseen events causing his performance to become a considerably larger burden, he has a natural interest in some sort of remedy. The otherwise very successful Convention has been subject of intense discussion about whether or not such issues of hardship are governed by Article 79. Courts and scholars have eagerly been discussing whether or not hardship is governed by CISG, but to this date no definitive consensus has been reached. This has rendered an uncertain and confusing state of law on the matter.
A literal interpretation of Article 79 and arguments presented by case law conclude that hardship is in fact governed by CISG.
This conclusion provides the foundation of a further study of hardship and the remedy provided by Article 79. The focus is more specifically directed towards the question of whether the UNIDROIT Principles Articles 6.2.2 and 6.2.3 can be utilized as meaningful interpretative aid to CISG. This issue is mainly examined through a study of to what extend CISG Article 7 authorizes influence from other sources.
Cite this article:
Nupur Trivedi. Application of Force Majeure and Hardship Principles Under CISG and Unidroit. Int. J. Rev. & Res. Social Sci. 3(1): Jan. – Mar. 2015; Page 20-23.