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Penalty Clauses

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Chapter Summary

Penalty clauses are extremely common in international contracts. This chapter set outs the main findings emerging from the analysis of the sample of clauses under consideration. There are three possible ways of setting out the analysis. First, clauses can be considered according to the type of contract from which they are taken. Secondly, they can be classified according to the type of breached obligation that they seek to penalize. Thirdly, the different technical aspects of the clauses considered can be classified. The chapter then presents the practice relating to penalty clauses in international contracts (by comparing in particular the group's observations and those of UNCITRAL) and the main legal problems encountered in practice.

Keywords: international contracts; legal analysis; penalty clauses



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