Later, after an Italian court addressed ‘hardship’ in CISG context (in 1993), 977977. See CLOUT Case No. 54 (Tribunale Civile di Monza, Italy, 14 Jan. 1993), noted in the Digest of CISG Case Law (2016), Article 79, p. 396: ‘Treatment of Particular Impediments: Change in the Cost of Performance or the Value of the Goods,’ http://www.uncitral.org/pdf/english/clout/CISG_Digest_2016.pdf. See also the English translation of this Italian case at http://cisgw3.law.pace.edu/cases/930114i3.html. and the hardship concept gained prominence in the UNIDROIT Principles (1994), 978978. See also supra n. 60. I wrote more about this, 979979. See Joseph Lookofsky, ‘Walking the Tightrope between CISG Article 7 and Domestic Law’, 25 Journal of Law & Commerce (2006), available at http://www.cisg.law.pace.edu/cisg/biblio/lookofsky16.html. and in the wake of a highly controversial Belgian decision in 2009, 980980. See Harry Flechtner, ‘The Exemption Provisions of the Sales Convention, Including Comments on Hardship and the 19 june 2009 Decision of the Belgian Cassation Court,’ LIX Belgrade Law Review (2011) 84, 87-101, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1785545. I wrote still more. 981981. See Lookofsky ‘Not Running Wild with the CISG,’ 29 Journal of Law & Commerce 141 (2011), also available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2376353.
To sum up my own position (there are at least three others): 982982. See Franco Ferrari/Clayton P. Gillette/Marco Torsello/Steven D. Walt, ‘The Inappropriate Use of the PICC to Interpret Hardship Claims under the CISG,’ 3 Internationales Handelsrecht (2017) at 97-98 (summarizing these various positions, including my own). liability exemption for force majeure and contract adjustment for hardship are two very different things. 983983. Re. hardship and hardship remedies see supra note 60. See also text infra with note 74. By a similar token, § 36 of the Contracts Act – a domestic rule of validity ‘protected’ by CISG Article 4(a) – should, in appropriate circumstances, be allowed to compete with Article 79, 984984. Assuming, of course, that the applicable rules of private international law (choice-of-law) rules point to Danish domestic law. See Lookofsky & Hertz, note 35 supra. thus opening the possibility of an equitable price adjustment. 985985. See also Joseph Lookofsky, ‘Predicting Exemptions and Hardship in CISG Context,’ Liber Amicorum Peter Møgelvang-Hansen (2016) at 335.