Nowadays, more and more companies face an unusual degree of uncertainty about contractual performance as a result of the COVID-19 pandemic. In this context, contracts are more often being suspended or terminated for force majeure reasons. However, it is worth noting that parties in the US can rely on the doctrine of adequate assurance, which allows them to regain some certainty by demanding adequate assurances of performance before a breach of contract even occurs. Although the doctrine of adequate assurance as such does not exist in Latin America, in this briefing (written in Spanish) we explain how the doctrine of adequate assurance works, and we explore similar concepts available under argentine law and international law (CISG and UNIDROIT principles).
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Alternatives to consider in case of risk of breach of contract: adequate assurance and similar concepts
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