Nordic Journal of Commercial Law

New article published!

Should Brexit and the COVID-19 pandemic constitute frustration of purpose events in commercial contracts?

The question has created a great deal of uncertainty among commercial law scholars and practitioners. In “Frustration of Purpose, Brexit, the COVID-19 Pandemic and Commercial Contracts”, a possible way forward is presented by Mitja Kovac, professor of civil and commercial law at the University of Ljubljana School of Economics and Business, and Paul Albrecht, researcher at the Rotterdam Institute of Law and Economics.

The authors offer an economically informed conceptual framework for improved legal intervention, arguing that unforeseen contingencies should be seen as a matter of 'ex post' risk sharing.

Read “Frustration of purpose” on https://journals.aau.dk/index.php/NJCL/article/view/7126.

Frustration of Purpose, Brexit, the COVID-19 Pandemic and Commercial Contracts | Nordic Journal of Commercial Law Frustration of Purpose, Brexit, the COVID-19 Pandemic and Commercial Contracts Authors Mitja Kovač Paul Albrecht DOI: https://doi.org/10.5278/ojs.njcl.vi1.7126 Abstract Lawyers and commercial contracting have been stressed by extraordinary uncertainty over the past four years. Brexit and the Covid-...

The NJCL has a new issue out! Our first 2021 issue starts with two opinions from the CISG Advisory Council, an academic initiative promoting the understanding and uniform application of the CISG.

The CISG Advisory Council’s Opinion 20 discusses Hardship, while their Opinion 21 refers to the Delivery of Substitute Goods and Repair under the CISG.

You can read both opinions, as well as the CISG Advisory Council opinions previously published by the NJCL at njcl.dk.

The last article of 2020 has been published! The NJCL’s year ends with Ece Baş-Süzel and Gökçe Kurtulan-Güner’s discussion about the possibility of using the disgorgement of profits as a remedy for a breach of contract under the CISG. The authors argue that disgorgement is in line with Art. 7(1) and Art.7(2) of the Convention, although this should not be understood as undermining the primacy of compensatory damages and should only be used in exceptional cases.

Read “Availability of the Disgorgement of Profits Under the CISG” at Njcl.dk.

Third-Party Funding is a growingly relevant topic in arbitration studies. Our current issue’s opening article brings an in-depth discussion on the possibility of establishing a legal obligation to disclose funding arrangements. In particular, it examines “the consequences of compelling a funded party to disclose its funding arrangements, and it examines how to adopt and construct a duty of disclosure in the most feasible manner”. Read “Disclosure of Third-Party Funding in Commercial Arbitration”, by Caroline Overgaard and Johan Tufte-Kristensen, at njcl.dk.

NJCL publications are always double-blind peer-reviewed and always available as open access.

Lacking access to our articles? Don't worry. We'll be back soon. Due to a university-wide lockdown of all IT systems our journal's website and archive is down too. For those of you who desperately need a specific article, don't hesitate to write and we'll see if we can manually locate and get it to you. Truly open access, even when things are closed. 👍

A new contribution has been added to our current issue: “Precontractual Damages as a Result of an Irrevocable Offer – A Resolution Within the CISG”. The article, by Bruno Zeller and Robert Walters, is written in response to Anne Rossen, Marie Pedersen, and Thomas Neuman’s “How far does the dynamic doctrine go? Looking for the basis of precontractual liability in the CISG?”, recently published by the NJCL. Adding the debate on the possibility of establishing precontractual liability through the CISG, Zeller and Walters argue that breaches of precontractual conditions can be addressed within the CISG via the same procedure as breaches of contract. Read the full article at njcl.dk: https://doi.org/10.5278/ojs.njcl.vi1.5893.

NJCL publications are always double-blind peer-reviewed and always available as open access.

Precontractual Damages as a Result of an Irrevocable Offer – A Resolution Within the CISG | Nordic Journal of Commercial Law Precontractual Damages as a Result of an Irrevocable Offer – A Resolution Within the CISG Bruno Zeller Robert Walters DOI: https://doi.org/10.5278/ojs.njcl.vi1.5893 Abstract This paper is written in response to the arguments that have beenput forward by Anne Rossen, Maria Pedersen, and Thomas Neum...

The NJCL’s 2020/1 issue has just been published. In this year’s opening article, “How Far Does the Dynamic Doctrine Go?”, Anne Rossen, Marie Hummelshøj Pedersen, & Thomas Neumann seek to establish the foundations of precontractual liability in the CISG. Their approach emphasizes the international character of the CISG, the need to promote uniformity in its application, and the observance of good faith in international trade in accordance with Art. 7(1) CISG. Read the full article at njcl.dk: https://doi.org/10.5278/ojs.njcl.vi1.5397

NJCL publications are always double blind peer reviewed and always available as open access.

The NJCL has just published a new article! This time, Pilar Perales Viscasillas discusses conflicts of interest between lawyers and arbitrators under the International Bar Association’s Guidelines on Party Representation in International Arbitration, as well as the possibility of reaching a consensus on the subject within the arbitration community, leading to the creation of a Code of Ethics at transnational level. Access the full-text article at www.njcl.dk.

We can't help but noticing that this year's Vis Moot problem involves a question regarding CISG article 35. Did you know that NJCL recently published the CISG Advisory Council opinion number 19 concerning article 35?! Its available as open acces on www.njcl.dk and of course at the CISG AC's website.

The NJCL has just published “Technological Populism and its Archetypes: Blockchain and Cryptocurrencies”, by Cătălin-Gabriel Stănescu and Asress Adimi Gikay. In this controversial article, Stănescu and Gikay shed critical light on the rhetoric of blockchain and cryptocurrency, exploring its connections to populist discourse. Access the full-text article at www.njcl.dk!

The Nordic Journal’s issue No. 2 (2019) is now open at www.njcl.dk. Our first publications in this issue are the CISG Advisory Council’s opinions No. 18 and 19. The CISG-AC is an independent body of experts promoting a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Opinions No. 18 and 19 are the Council’s latest publications and discuss Set-off and Standards and Conformity of the Goods under the CISG. Opinion No. 19 was concluded at the 25th CISG AC meeting, hosted by the Nordic Journal’s home University in Aalborg.

One more contribution is now available at the NJCL. In “Platform Intermediaries in the Sharing Economy: Questions of Liability and Remedy”, Søren Jakobsen and Kim Østergaard discuss the circumstances in which platform intermediaries can be considered directly liable to a performance creditor, as well as what remedies might be available to the performance creditor in such situations. Go to www.NJCL.dk to access the full-text article.

https://doi.org/10.5278/ojs.njcl.v0i1.3299