The change of circumstances impacting the performance of the contracts has been a widely commented issue. However, there seems to be a gap in legal jurisprudence with regard to resorting to such a remedy in the investment contracts setting, especially from the procedural perspective. It has not been finally settled whether arbitral tribunals are empowered to adapt investment contracts should circumstances change and, if they were, what the grounds for such a remedy would be. In this article, the author presents the current debates regarding this issue, potential grounds for application of such a measure and several proposals which would facilitate resolution of this procedural uncertainty.

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doi.org/10.5553/ELR.000198, hdl.handle.net/1765/137023
Erasmus Law Review
Erasmus Law Review
Erasmus School of Law

Zwolankiewicz, A. (2021). Hardship and Force Majeure as Grounds for Adaptation and Renegotiation of Investment Contracts. Erasmus Law Review, 14(2), 96–103. doi:10.5553/ELR.000198