NJCL 1/2014 includes three articles that discuss questions relating to whether and how existing liability regimes meet the demands of contemporary global society. The bounds and opportunities of existing shared foundations of global private law are put to the test and seem to serve well also in grey areas between jurisdictions, fields of law or the private/public law divide.
Katerina Peterkova Mitkidis discusses the use of Sustainability Contractual Clauses (SCCs) and their effect in the work towards reaching sustainability goals in global contract chains. She argues that SCCs have great potential and are already widely used in contemporary relational contracting and business networks that support sustainable practices. With the support of formal international contract law enforcement mechanisms, SCCs could take even a harder form of soft regulation, regardless of enforcement ever reaching the courts.
Andreas Ehlers discusses the potential liability of mediators against disgruntled clients. The ever increasing number of mediated disputes would favor access to remedies in case of unprofessional conduct on the part of the mediator. Ehlers delves deeper into the true nature of mediation as an exceptional form of alternative dispute resolution. He finds that the question of liability is likely to be judged according to tort law standards, which raises the issue of recoverability of pure economic loss in Nordic law.
Ebrahim Shoarian and Farshad Rahimi discuss the effect of international sanctions or embargos on contractual obligations and compare the elements force majeure and hardship under the CISG, PECL and UPICC and compares them to similar doctrines in Iranian law. The article includes a thorough analysis of the similarities and differences of the doctrines on the effect of unpredictable events on the binding force of contract.
Wishing all NJCL-readers a warm and sunny summer,
Katja Lindroos (Weckström)
Nordic Journal of Commercial Law