Covid-19 Pandemic As An Excuse Of Non-Performance Of Contractual Obligations From Transnational Law Perspective

Background: The outbreak of COVID-19 has greatlyinfluenced the world’s economic situation. Its lethal potential as well its drastic effects on international contracts, would lead to post-pandemic litigation and arbitration questioning applicability doctrines force majeure, frustration, hardship an excuse non-performances several contractual obligations amidst pandemic. Purpose: This research will discuss matter aforementioned subsequent a non-performing party. Methods: uses normative juridical method with descriptive analytical approach by researching library materials secondary data. Results: Invoking majeure clause requires event occur externally beyond obligor’s control; consequences could not reasonably avoided or overcome obligor based external their own fault. On other hand, contracts can be frustrated under bases, such changes in law, supervening illegality, war, cancellation expected event, abnormal delay outside what parties have contemplated at time contracting. While requirements encompass occurrence for which assumed risk, non-foreseeability, unavoidability causing fundamental disequilibrium contract. Conclusion: To apply non-performance during unprecedented outbreak, it must assessed case-by-case basis language contract light governing law circumstances parties’ commercial relationship.