Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Impact of Force Majeure on International Agreements: A look at the Procedure of International Commercial Arbitrations

Document Type : research

Authors
1 PhD student of International Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor, Department of Law, Qom University, Qom, Iran
3 Assistant Professor, Department of Public International Law, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2024.470165.1891
Abstract
Background and Purpose: The authority of Cairo and its effect on the contract is one of the common defenses in arbitration courts. There is no doubt that determining the limits and loopholes of this concept can greatly help to create balance and security in economic relations. In recent years, the efforts of private law drafting institutions such as the Private Law Unity Institute and UNCITRAL have had a significant impact on clarifying the effect of these principles on international contracts.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that a look at the performance of international arbitration, especially in the context of the arbitration of chambers of commerce in the last four decades, shows the creation of a "responsible arbitration" to investigate the impact of unforeseen events on the fate of international contracts.
Result: The result is that the arbitrators, taking into account the realities of international trade and the impact that major commercial agreements have on the global business workflow and the employment fate of thousands of people, based on the principle of the continuity of economic relations, established principles in the form of arbitration innovations in relation to the effect of unexpected events.
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