The effects of trade sanctions on international sales contracts in international arbitration and Swiss and European litigation

Diplôme Thèse The effects of trade sanctions on international sales contracts in international arbitration and Swiss and European litigation eng 2013-01-29 author Azeredo Da Silveira Mercedeh 506958 director Kaufmann-Kohler Gabrielle 28714 director Thévenoz Luc 21946 10.13097/archive-ouverte/unige:28623 urn:nbn:ch:unige-286233 D. 861 This work offers some solutions to issues faced by domestic courts and arbitral tribunals when one party to a sales contract withholds performance on the ground that a trade sanction prohibits the transaction. The discussion sheds light on the authority of arbitrators to give effect to statutes serving public interests, and shows that the architecture of trade sanctions protects them from being easily dismissed. Even if a given sanction does not constitute a legal impediment justifying the defaulting party's exemption from liability, the risk of penalty that this party would incur if it were to perform the contract in breach of the sanction may justify an adaptation of the contract. The heavier the penalties and the longer a sanction's term, the more efficient the sanction, if not in achieving its ultimate political goal, certainly in preventing the performance of contracts under the initially agreed terms. Trade sanctions Economic sanctions Sales contracts United Nations Convention on Contracts for the International Sale of Goods CISG Private international law International arbitration Arbitrability Public policy Dewey 340 5 Faculté de droit 5 false 5f3a0d3e-5741-453a-af1a-6033e6999eaf Thesis Private Thèse de doctorat - Mercedeh Azeredo da Silveira.pdf 7560228 application/pdf e003aa725ee0f988ad542e704629cfe723dd8174479054e97ec549315d8688cc closedAccess Faculté de droit

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The effects of trade sanctions on international sales contracts in international arbitration and Swiss and European litigation				2013	1 861	0

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Azeredo Da Silveira, Mercedeh