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ARTICLE · 04 MAY 2020

Timing Is Everything: International Chamber Of Commerce Updates Its Model Force Majeure And Hardship Clauses

McCarthy Tétrault
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Amid the ongoing COVID-19 pandemic there has been much discussion of the utility and function of force majeure clauses. Force majeure clauses are especially prevalent...

CanadaLitigation, Mediation & Arbitration
The International Arbitration Blog
The International Arbitration Blog
Andrew West
Andrew West
Sandra Aigbinode
Sandra Aigbinode
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Amid the ongoing COVID-19 pandemic there has been much discussion of the utility and function of force majeure clauses. Force majeure clauses are especially prevalent in international commercial contracts. Many businesses incorporate and adapt model force majeure clauses into their contracts, including model clauses from the International Chamber of Commerce (the "ICC"). As such, businesses1 that use ICC clauses should be aware that in March 2020, the ICC released updated versions of its model Force Majeure and Hardship Clauses (the "new ICC Force Majeure and Hardship Clauses"). These clauses were last updated in 2003.

Below we have provided a brief overview of the force majeure principle generally, and summarized the new ICC Force Majeure and Hardship Clauses specifically, noting in particular any changes from their predecessors.

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