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Force Majeure

Legal

A contractual clause excusing a party from performance due to extraordinary events beyond their control.

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Sources

No body defines this term, and that is the answer rather than a gap. A clause of this kind means what the contract says it means, read under the governing law the parties chose. There is no standards body, regulator or treaty that settles it in the way the ICC settles Incoterms or the WTO settles rules of origin. Model wordings exist from several organisations, and they differ. Treat the description above as an orientation to the usual shape of the clause, and the contract in front of you — with advice under its governing law — as the only authority that matters.

Common questions

What is force majeure and how should I draft it in India-EU contracts?

Force majeure excuses a party from performance due to extraordinary events beyond their control. Draft it specifically: list specific events (war, pandemic, natural disaster, government-imposed trade sanctions) rather than using a vague general clause. Include: (1) notification requirement (notify within 5-10 days of the force majeure event), (2) duty to mitigate, (3) maximum duration before either party can terminate. COVID-19 and Russia-Ukraine conflict showed the importance of well-drafted force majeure clauses.

Related terms

From the AJG lexicon archive (July 2026).

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