Law360 (October 15, 2019, 4:58 PM EDT) -- Force majeure provisions are critical when a contracting party seeks to excuse its performance because of an unexpected event. Force majeure provisions are not simply boilerplate provisions, but rather provisions that need to be carefully considered and tailored to address particular risks. Even then, a force majeure provision may not ultimately provide the bargained-for protection.
A recent International Chamber of Commerce arbitration award highlights the importance of considering the governing law’s impact on the force majeure provision. By keeping in mind the governing law, contracting parties will help assure that their force majeure provision provides the desired protection.
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