Contract Law in International Commercial Arbitration: The Case of Suspension of Performance

International and Comparative Law Quarterly, Vol. 58, No. 4, p. 863, 2009

34 Pages Posted: 22 Nov 2009

See all articles by Joshua Karton

Joshua Karton

Queen's University Faculty of Law; National Taiwan University - College of Law

Date Written: November 19, 2009

Abstract

Despite much attention to the controversial lex mercatoria, international commercial arbitration remains underanalysed as a venue for contract law unification. This article considers a specific case of substantive contract law in arbitration, the remedy of suspension of performance: When will one party’s non-performance enable the other party to withhold performance without terminating the contract? In domestic laws, suspension of performance is governed by clearly-defined doctrines; however, it remains unclear whether it constitutes a general principle of international law. This article places suspension in a comparative context, then analyses the published arbitral awards for indications of arbitrators’ preferences.

Suggested Citation

Karton, Joshua, Contract Law in International Commercial Arbitration: The Case of Suspension of Performance (November 19, 2009). International and Comparative Law Quarterly, Vol. 58, No. 4, p. 863, 2009. Available at SSRN: https://ssrn.com/abstract=1509760 or http://dx.doi.org/10.2139/ssrn.1509760

Joshua Karton (Contact Author)

Queen's University Faculty of Law ( email )

Macdonald Hall
128 Union St.
Kingston, Ontario K7L3N6
Canada

National Taiwan University - College of Law ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

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