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Contractual Performance and COVID-19: An In-Depth Comparative Law Analysis

Contractual Performance and COVID-19: An In-Depth Comparative Law Analysis

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403526331
  • Published In: December 2021
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 2,430.00
Delivery Time: around 3-4 weeks
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  • Description 
  • Contents 
  • Reviews
  • Details

    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:

     

    • the relevant fundamental legal principles;
    • the various legal emergency valves available to an obligor to respond to COVID-19-related events;
    • any remedies available to the obligee;
    • selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and
    • how the legal framework applies in typical factual scenarios.

    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

    1. Preface: A Note from the Editors
    2. Introduction
    3. Austria
    4. Brazil
    5. China
    6. Costa Rica
    7. England and Wales
    8. France
    9. Germany
    10. Hong Kong
    11. Russia
    12. Singapore
    13. Switzerland
    14. 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

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