The Inappropriate Use of the PICC to Interpret Hardship Claims under the CISG

This paper comments on a recent decision rendered by the French Supreme Court, which upheld a decision imposing a duty to renegotiate the terms of the contract as a result of a supervening change of circumstnces. Although this approach is not isolated and a comparative account is provided of other legal instruments (national and supranational) and court decisions adpting a similar approach, the authors take a critical position, primarily based on an economic analysis of the consequences of the rule in question.