文档标签: and AND 系统标签: majeure force checklist clauses wording sample THISDOCUMENTHASBEENPREPAREDFORTHEPURPOSESOFTHEWORLDBANKINFRASTRUCTUREANDLAWWEBSITE.ITISACHECKLISTFORGENERALGUIDANCEPURPOSESONLYANDSHOULDNOTBEUSEDASASUBSTITUTEFOROBTAININGSPECIFICLEGALADVICEFORAPROJECT.ForceMajeureClauses–ChecklistandSampleWor...
Firstly, to evaluate relevant provisions of the contract. This includes reviewing the governing law and force majeure clauses, determining the governing law and dispute resolution institute, confirming whether the contract has force majeure clause, evaluating the wording and specific coverage of the for...
The Supreme Court has confirmed that force majeure (“FM”) clauses which provide that an event must not be capable of being overcome by reasonable endeavours do not require a party to accept non-contractual performance unless there is clear wording requiring it.1 The Dispute RTI and MUR enter...
An important remark is that these forms have been greatly influenced by common law systems where operation of force majeure is dependent on the contractual definition and wording of the clause. On the other hand, the Serbian Law on Obligations contains its own understandin...
the performance of the contracts. It is a “model” clause designed for use with all types of agreements. This means that parties may need to adapt it to suit the specific needs of their contract and should look carefully at the wording and the explanatory notes before using the clause. ...
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The rejection of any general principle and a focus on the clause wording raises an interesting question on the 2017 FIDIC suite in which the "Force Majeure" clause in the 1999 suite has now become an "Exceptional Events" clause. Based on the Court of Appeal's decision, there can be no ...
The wording of the clause in question also determines the remedies available to the parties, as the consequences of a force majeure event will differ between contracts, depending on what has been negotiated. ...
The spread of COVID-19 does not mean that a force majeure clause will be operative or that a contract will be frustrated. Parties will need to consider the specific impacts COVID-19 is having on the performance of obligations in the context of their contract. ...
Limbungan argued that this clause was a relatively standard force majeure clause. It required causation (the “resulting from” wording) in the sense that it had to be shown that the event which occurred made it impossible for it to perform the contract, but it did not also require it to...