The Impact of International Maritime Transport Disruptions on the Performance of International Commercial Sale Contracts: A Comparative Study

Abstract

This study examines the impact of international maritime transport disruptions on the performance of international commercial sale contracts, particularly in light of the increasing risks affecting the regularity of maritime trade and resulting in delivery delays, inability to perform contractual obligations, extraordinary increases in transportation costs, or substantial changes in the circumstances under which the contract was concluded. The study aims to determine the legal characterization of such disruptions and to examine whether they may constitute force majeure or exceptional circumstances justifying the modification of contractual obligations, renegotiation, or termination, while defining the limits of the parties’ liability for their consequences. The study adopts an analytical and comparative approach by examining the rules governing international sale contracts and maritime transport under relevant international conventions and comparing them with the legal frameworks of Egypt, Iraq, and France, with particular emphasis on force majeure, impossibility of performance, unforeseen circumstances, and contractual hardship. The study concludes that the legal effect of a maritime disruption cannot be determined merely by its occurrence, but depends on its actual impact on contractual performance, its foreseeability and the possibility of avoiding its consequences, as well as the allocation of risks under the contract and applicable law. The comparative analysis also reveals differences in the mechanisms adopted to address such disruptions, highlighting the need for greater contractual clarity and further legal development to achieve a fair balance between the parties to international commercial sale contracts.