Doctoral thesis
English

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

Defense date2013-01-29
Abstract

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.

Keywords
  • 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
Affiliation entities
Citation (ISO format)
AZEREDO DA SILVEIRA, Mercedeh. The effects of trade sanctions on international sales contracts in international arbitration and Swiss and European litigation. Doctoral Thesis, 2013. doi: 10.13097/archive-ouverte/unige:28623
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Creation14/06/2013 19:07:00
First validation14/06/2013 19:07:00
Update14/03/2023 20:18:54
Status update14/03/2023 20:18:54
Last indexation13/05/2025 16:24:48
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