The fate of the international trade contract in light of the impact of the new Corona epidemic on its implementation - A study under comparative laws and the provisions of international trade agreements

• Main Author: Halima Bendriss
• Format: Article
• Language: Arabic
• Published: Qatar University Press 2021-06-01
• Series: International Review of Law
• Subjects: Corona virus; International Commercial Contract; Force Majeure; Emergency Situation; Re-negotiation; Commercial Arbitration
• Online Access: https://journals.qu.edu.qa/index.php/IRL/article/view/1900

With the WHO announcing that the Corona virus is a global pandemic, many countries have taken measures to prevent its spread, among which suspension of international transport operations; which made it difficult to implement contractual obligations. Consequently, the Corona virus pandemic brought up the issue of changing circumstances surrounding the international contract, which raised legal discussions in adapting it, is it considered a force majeure with which it is impossible to implement the contract, or is it an emergency circumstance that leads to difficult implementation in a way that disrupts the economic balance of the contract? The fact that international trade contracts are characterized by several peculiarities, appear in the efforts made to conclude them, and their extension for long periods, which made it difficult to terminate contracts due to the changing circumstances surrounding them. This is because contract parties are free to include in their contracts various conditions that give solutions to the changing circumstances. This study aims to search for the legal issues that the Corona virus epidemic raises on the international trade contract, within the frameworks of comparative legal systems and the provisions of international agreements.