Arbitration in Russia: Features of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

Komarov, Alexander

doi:10.1017/cbo9781139519779.016

Cited by 1 publication

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“…When concluding contracts for the manufacture and delivery of goods at pre-fixed prices, the seller, for example, assumes the risk of an increase in production costs within normal limits. However, if in the course of extraordinary events, the value of the goods for the seller increases sharply, tenfold, the court can determine that the seller did not assume such a risk, based on the fact that the non-occurrence of the extraordinary event was a "main prerequisite" for the conclusion of the contract (Komarov, 1991). In the considered situation, it is possible to say either that the debtor did not take such a risk, or that the court has the right to remove this risk due to its extreme burden.…”

Section: Change and Termination Of The Contract As A Results Of A Sig...mentioning

confidence: 99%

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

Apalkova,

Dobrovolska,

Pavlova

et al. 2023

Cuest. Pol.

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The article is devoted to the study of the category of "force majeure" and the characteristics of the exemption from liability in circumstances of force majeure. In addition, the definition of force majeure in international normative acts is studied, the categories of force majeure, irresistible force and state of emergency are compared. The regime of grounds for exemption from liability and the place of force majeure in it are considered. The peculiarities of changing and terminating the contract as a result of a significant change in circumstances in case of force majeure in accordance with the legislation of European countries and Ukraine are analyzed. The article pays special attention to the qualification of circumstances as force majeure in the context of the anti-terrorist operation and the war in Ukraine. It is concluded that the concept of force majeure has its origin in Roman law and today it is known both in the civil and common law systems. From the time of Roman law, there was both a legislative regulation of exemption from liability for the occurrence of force majeure circumstances, as well as a contractual practice of formulating exemption from liability clauses.

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Section: Change and Termination Of The Contract As A Results Of A Sig...mentioning

confidence: 99%

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

Apalkova,

Dobrovolska,

Pavlova

et al. 2023

Cuest. Pol.

View full text Add to dashboard Cite

show abstract

Arbitration in Russia: Features of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

Cited by 1 publication

References 2 publications

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

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