Research On The Interpretation Of CISG's "uncontrollable Obstacles" Exemption Clause In Arbitration Cases In My Country

The contract law of each country focuses on the issue of exemption faced by the parties who fail to perform their contractual obligations.The issue of exemption in international economic trade is also very important.The subject of this study is Article 79 of the United Nations Convention on Contracts for the International Sale of Goods.China,as a big country in international trade.Trade dispute cases faced by courts and magistrates at all levels are numerous.How to apply the exemption system in these cases becomes a matter of concern.This article will explain the application of CISG uncontrollable impediment exemption clause by referring to the case of CISG article 79 in China's judicial precedents.Through the study of cases in judicial practice,we found that there is a unified understanding of the views,so as to better explain the uncontrollable obstacles exemption clause.This article focuses on the interpretation of the CISG uncontrollable impediment exemption clause in the judicial practice in China as the core.,CISG uncontrollable impediment exemption clause will be decomposed into three elements of the exemption clause,defective performance,and hardship issues.Through the cases of the past 30 years,we analyzed how the referees in China explained the CISG uncontrollable impediment exemption clause,and summarized the situations that occurred in these cases.Presented the Tribunal tribunal's attitude.In the end,we will analyze the defective performance and hardships that are focused by the academic community and try to discuss the attitude of the referee institutions in our country,and put forward two suggestions based on the deficiencies in many cases.