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ARTICLE · 28 OCTOBER 2021

COVID-19: Force Majeure Or Hardship?

Unforeseen circumstances are possibly one of the key hurdles contracting parties (especially those in long-term contracts) may encounter in international trade.

BahrainCoronavirus (COVID-19)

Unforeseen circumstances are possibly one of the key hurdles contracting parties (especially those in long-term contracts) may encounter in international trade. The very foundation of contracts concluded between parties could be significantly impacted by natural disasters or shifts in political and economic conditions.

An earthquake or civil war in one of the producing countries may compel a producer to resort to other countries with significantly higher production costs; bans on imports or exports in a country would prevent goods from reaching to their buyers; or unforeseen fluctuations in the prices of raw materials at the time of concluding a contract make performance thereof by the seller unduly burdensome. The recent COVID-19 pandemic has been characterized as "the darkest hour of humanity" since World War II. Due to its unparalleled impact on the global economy, two classic doctrines of contract law, force majeure and hardship, have been revived with both

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