The Relevance of the CISG in Settling International Arbitration Claims Arising Due to COVID-19 in Absence of Force Majeure and Hardship Clauses

Authors

Gilberto Guerrero-RoccaFollow

Document Type

Article

Publication Date

7-2022

Excerpt

The incentive for parties to argue for the application of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter “CISG”) in arbitral proceedings stems from its broad-reaching list of remedies and defenses. Compared to domestic law, the CISG is better suited for settling international disputes. Further, with respect to the granting of relief, the CISG is perceived as a compromise between common-law and civil-law jurisdictions. Moreover, the CISG is regarded as a contract-law code that offers a series of default rules for filling gaps in contracts and assisting in their interpretation.

Recommended Citation

Gilberto Guerrero-Rocca, The Relevance of the CISG in Settling International Arbitration Claims Arising Due to COVID-19 in Absence of Force Majeure and Hardship Clauses , 13.2 World Arb. & Mediation Rev. (2022).
Available at: https://ecollections.law.fiu.edu/faculty_publications/528