Ebola & ISIS: Force Majeure Under The FIDIC Form And Civil Codes

The recent incursion of ISIS forces into Iraq is a matter of considerable concern to many who are involved in projects in Baghdad and Syria, who need to ensure the wellbeing of their staff and security of the works in difficult and often unpredictable circumstances. Ebola is equally problematic in West Africa and beyond, where there are concerns about workforces falling ill, travel being restricted or delayed both domestically and internationally, and the impact of government quarantine measures.

This article aims to consider (i) what events might constitute a force majeure in the international context; (ii) force majeure under the FIDIC form and civil codes; (iii) how to establish force majeure; and (iv) practical tips on how to deal with a potential or actual force majeure event.