Contracts

Paschalis Paschalidis and Björn ten Seldam

Chapter 50 in Elgar Encyclopedia of International Sanctions, 2025, pp 170-172 from Edward Elgar Publishing

Abstract: Sanctions can significantly impact the performance of international contracts, particularly when imposed on pre-existing agreements. Operators often rely on force majeure clauses to avoid liability for non-performance due to sanctions. Legal systems differ in their approaches to non-performance, with French and English law offering distinct interpretations of concepts such as force majeure, frustration, and supervening illegality. Evolving regulatory frameworks highlight the importance of contractual provisions—such as “Russia clauses”—to mitigate the risks associated with sanctions and their circumvention. Navigating these complexities requires careful contract drafting. As sanctions continue to evolve, maintaining contractual adaptability remains critical for parties involved in cross-border transactions.

Keywords: Force majeure; Non-performance of contract; Liability; Compliance; Frustration of contract (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035339525
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