Dialectical Implementation of Contractual Obligation in Light of the Spread of the coronavirus COVID19 Pandemic between Force Majeure and Unforeseen: A Comparative Study

Abstract

The paper seeks to examine the situations that have arisen with the global spread of Coronavirus COVID-19 pandemic and their impact on the implementation of contractual obligations. This is in light of the fact that governments have been taking multiple measures, for instance issuing orders regarding the closure of unnecessary activities in order to mitigate the spread of coronavirus COVID-19. The fast progression of this pandemic meant that contractual parties have not been capable of being in line with the terms stipulated in the contract because of multiple factors, such as government actions, the implementation of social distancing, the lack of infrastructure in areas such as ports and terminals, or supply chain implications.  Thus, legal questions emerged which will be addressed with reference to Bahraini legislation, along with the presenting of suggestions to overcome such issues using analytical method and comparative approach.