Hardship under the Unidroit Principles of International Commercial Contracts: a reassessment from uniform law

Abstract The Unidroit Principles of International Commercial Contracts (UPICC) is one of the most successful instruments in the world. One relevant feature is their hardship model. It has been followed by other international instruments such as the Principles of European Contract Law and the Draft Common Frame of Reference and has even been incorporated into various Civil Codes over the years (Argentina, France, China, and Belgium). While it is an indisputable success story, what needs to be analysed now is whether this success will continue in the future. Therefore, this article focuses on highlighting the achievements of the UPICC hardship model—such as the use of the term ‘hardship’, the conditions for hardship, its incorporation into various Civil Codes, and the possibility of agreeing otherwise—but it also underlines the aspects that need to be improved in a future revision of the UPICC, such as limiting it to supervening events, adding the condition of ‘to have avoided or overcome it’, solving problems with renegotiation and adaptation, and limiting the legitimacy to claim. This reassessment is necessary for the UPICC to remain up to date with the changing needs of international trade and thus continue this success story in relation to the UPICC hardship model.