Product Line | Kluwers Law International |
|---|---|
Product SKU | 10085398-0001 |
ISBN-13 | 9789403526331 |
Availability | Ships in 5-7 Business Days |
Last Updated | 2021-11-29 |
Read the sample of Contractual Performance and COVID-19, where the editors discuss the overarching principles that emerged from their research and that transcend civil and common law jurisdictions.
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant impediments in performing their contractual obligations due to COVID-19 pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues.
The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth:
As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print.
The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios.
‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne
‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore
‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Preface: A Note from the Editors
Introduction
Austria
Brazil
China
Costa Rica
England and Wales
France
Germany
Hong Kong
Russia
Singapore
Switzerland
United States
“… Schwarz/Trenor/Ortner and their team have written ‘the book’. Promising an in-depth comparative law analysis of contractual performance and COVID-19 is daunting but from the country chapters already available, the authors do deliver.”
Mattias Scherer (Lalive), Switzerland
“The unique global challenges posed by the COVID-19 crisis to the performance of international business contracts require global concepts and responses. The book by Schwarz, Trenor & Ortner presents such an approach by providing the reader with a unique and in-depth comparative overview of the resolution of COVID-19 related (non)performance issues under numerous domestic contract laws. Definitely mandatory reading for practitioners and academics alike!”
Klaus Peter Berger (University of Cologne), Germany
“The COVID-19 crisis poses challenges to the economy and lawyers unparalleled in recent history. The book by Schwarz, Trenor & Ortner provides an in-depth overview of non-performance issues in this context in numerous jurisdictions…. the authors have more than lived up to the task. They have come up with not only with a truly fascinating, in-depth coverage of the impact of COVID-19 on the non-performance of contracts, but in this context also deal with a multitude of fundamental problems of contract law. Therefore, the book will be interesting and, no doubt, tremendously useful to practitioners and academics alike.”
Georg Kodek (Austrian Supreme Court, Vienna University of Economics and Business), Austria
“The unique and novel legal questions and challenges that COVID-19 has thrown up are neatly identified and addressed by Schwarz, Trenor & Ortner with admirable clarity in this excellent comparative analysis. Everyone who has had or is likely to have a brush with a COVID-19 induced legal issue would be well advised to keep this book within arm’s reach.”
Davinder Singh, SC (Davinder Singh Chambers LLC), Singapore
“In a timely manner, Schwarz/Trenor/Ortner present to the international legal community a comprehensive analysis of the tools available in certain jurisdictions to respond to the different challenging situations arising from the COVID-19 Pandemic. Their work will certainly guide professionals in the law as they advise clients, serve as a model for academics, and inspire legislators, judges and policy-makers to make improvements where needed. My hope is that it gets translated into several languages soon!”
Dyalá Jiménez (DJ Arbitraje), Costa Rica
“The in-depth comparative legal treatise by Schwarz/Trenor/Ortner and their team is a must read for legal professionals around the world seeking to understand the impact of COVID-19 on contractual performance in a wide range of jurisdictions. Focusing on COVID-19, the book provides comprehensive and practical insights into the grounds for the excuse of contractual obligations as a consequence of unexpected impediments to performance in different countries, including Mainland China, with widely varying political and judicial institutions.”
Prof. LUO Peixin (East China University of Political Science and Law), China
“Concepts like force majeure have been known to legal systems for centuries but few events in the history of the modern world tested them to the same extent that the COVID-19 pandemic has been doing for the past two years. Schwarz, Trenor & Ortner do an admirable job in compiling a comprehensive comparative study of how these emergency mechanism operate in various legal systems in general and how they are likely to affect contractual obligations specifically in the context of the on-going pandemic. I am certain that this volume will prove to be of considerable practical value to anyone who needs to advise clients on the COVID-related impediments to performance of contractual obligations in a cross-border context.”
Andrey Gorlenko (Ivanyan and Partners), Russia
“Covid has played havoc with lives, health, education and the economy. It is timely that the myriad legal problems stemming from the pandemic are carefully and thoughtfully analysed. Legal problems resulting from the ongoing disaster will challenge lawyers all over the world for some years to come and this book will be of great assistance to the legal community. Hong Kong has faced some of the worst challenges and this excellent book will be a vital aid in helping to resolve the ensuing legal issues. The authors are to be congratulated…”
Neil Kaplan (Arbitration Chambers), Hong Kong
NEED HELP FINDING THE RIGHT SOLUTION?
Call sales at 1-800-638-8437
HAVE A QUESTION?
.png)
These cookies are necessary for the website to function. They are usually set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, this may have an effect on the proper functioning of (parts of) the site.
These cookies enable the website to provide enhanced functionality, user experience and personalization, and may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
These cookies support analytic services that measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site.
These cookies may collect insights to issue personalized content and advertising on our own and other websites, and may be set through our site by third party providers. If you do not allow these cookies, you may still see basic advertising on your browser that is generic and not based on your interests.
