Covid-19 has complicated the application of force majeure (FM) as an excuse for contractual non- performance worldwide. FM clauses are fundamental in allocating risk in international commercial contracts between parties in the event of similar unforeseeable circumstances. This paper aims to investigate the unintended consequences of present-day FM laws by identifying the required elements of FM clauses, tracing the historical evolution of the law, and analyzing various jurisdictional approaches to interpreting FM. Furthermore, a comparative analysis of FM laws adopted in the United States, China, and Germany are used to establish the efficacy of FM clauses in international commercial contracts in light of this pandemic. Finally, the paper will conclude with practical recommendations on keeping the force majeure with you when implementing future commercial contracts!
MAY THE FORCE MAJEURE BE WITH YOU: THE IMPACT OF COVID-19 ON THE FORCE MAJEURE CLAUSE IN INTERNATIONAL COMMERCIAL CONTRACTS,
21 Santa Clara J. Int'l L.
Available at: https://digitalcommons.law.scu.edu/scujil/vol21/iss1/1