Force Majeure: Cyprus – The Legal 500 Comparative Guides

1. May force majeure be relied on by a party to a contract, even if the parties have not included a force majeure clause?

No. Common law does not automatically apply the principles of Force Majeure to contracts. In order for Force Majeure to be invoked it needs to be covered in a clause of the contract. Many commercial contracts include "Force Majeure clauses" either as a separate clause itself or equal wording is included within other clauses (i.e. termination clause).

2. If so, please explain in which circumstances force majeure may be relied on.

Although Force Majeure has not been defined in law, some guidance as to its definition can be found in the case law of the Courts of Cyprus which follow common law principles on the issue of Force Majeure. Force Majeure comes into play when an unforeseeable event, outside the control of parties to a contract, prevents one or both parties from fulfilling their contractual obligations. Force Majeure operates either