2021-11-26
Hardship and Force Majeure as Grounds for Adaptation and Renegotiation of Investment Contracts
Publication
Publication
What Is the Extent of the Powers of Arbitral Tribunals?
Erasmus Law Review , Volume 14 - Issue 2 p. 96- 103
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 | |
| Organisation | Erasmus School of Law |
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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 |
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