Since the outbreak of the COVID-19 pandemic in late December 2019, central and local governments in China issued a series of administrative orders for pandemic control. Many countries and regions abroad also implemented varying degrees of entry and exit controls. While these measures effectively controlled the spread of the virus, they inevitably impacted various commercial activities and the performance of civil and commercial contracts, potentially leading to a surge in related disputes, and parties may invoke force majeure or change in circumstances to seek exemption from liability or to terminate/modify contracts.
Since its establishment in 1983, the Shenzhen Court of International Arbitration (SCIA) has handled numerous cases involving force majeure or changes in circumstances during contract performance, including cases affected by the SARS epidemic similar to the current COVID-19 situation. This book systematically reviews hundreds of such cases and selects 32 for detailed analysis from different perspectives, covering various issues that may arise in the application of force majeure and change in circumstances principles.
During the editing process, the Civil Code of the People's Republic of China was passed and promulgated on May 28, 2020. Therefore, this book annotates and analyzes relevant cases involving the Civil Code provisions and provides a comparison table of these provisions with existing laws in the appendix. This book is highly practical and intended as a reference for industry professionals and relevant parties.
