From Coronation to Coronavirus: Covid-19, Force Majeure and Private International Law

Abstract

This Article aims to facilitate the understanding of the interlocking nature of COVID-19, force majeure, and private international law, and seeks to analyze the private international law issues that are expected to arise in COVID-19 related force majeure cases. As both force majeure and private international law are national laws, this Article illustrates the relevant issues by comparing both sets of laws between England, the place of origin of modern force majeure law and frustration in common law jurisdictions, and China, the jurisdiction that has the most experience in dealing with force majeure related to coronavirus.

Keywords: Private International Law, Conflict of Laws, COVID-19, Force Majeure, Comparative Law

JEL Classification: K