The purchase of Covid-19 vaccines by the EU Commission as agent for the Member States has caused substantial political discussion, including a lawsuit against the producer AstraZeneca in Brussels in 2021. The article looks at these purchase contracts as examples for a problematic use of ‘best efforts’ clauses in commercial contracting, considering some key jurisdictions. The clauses are discussed from a drafting perspective, including their function and their theoretical background in comparative law. It concludes with a primer for the drafting process, looking at some basic contracting schemes for softening or intensifying obligations.
Erich Schanze, Best Efforts in the Taxonomy of Obligation – The Case of the EU Vaccine Contracts, German Law Journal, volume 22, issue 6, September 2021, pp 1133-1145, https://doi.org/10.1017/glj.2021.50. Published online by Cambridge University Press: 15 September 2021.