Hardship and the application of CISG- Feasibility analysis of controversial issues
Abstract: The absence of provisions on hardship under the United Nations Convention for the International Sale of Goods (“CISG”) and the general recognition of the principle of hardship in private international law lead to some problems to maintain the legislative purpose of the Convention as the “lingua franca” of international trade. In order to make the application of the Convention not only on the surface of the text, but also to implement the uniformity of the law, it is necessary to discuss the controversial question about the application of CISG exemption clause under the hardship situation. This article will introduce the scope of CISG exemption clause and the meaning of “hardship”, and provide a feasibility analysis of covering hardship under the function of CISG exemption clause. In addition, there will be extended discussion to the debates of the UNIDROIT Principles for International Commercial Contracts (PICC) ’s gap filling function and the current COVID status where hardship situations raise frequently.
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