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ARTICLE · 16 FEBRUARY 2021

Analysing The Force Majeure Clause In Maritime Contracts

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

Dr. Hassan Elhais, along with the team of legal consultants and prominent local lawyers across the...

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The Law describe "Force Majeure" Clause as an individual concept capable of terminating the contract partially or completely

United Arab EmiratesCoronavirus (COVID-19)

The Law describes "Force Majeure" Clause as an individual concept capable of terminating the contract partially or completely. In a contractual sense, force majeure refers to an excuse used in any circumstance which has prevented the performance of any contractual obligation, wherein such event was not foreseeable at the time of signing the contract. In almost all countries the definition of a force majeure clause is similar as above, however, the implications or the procedure to invoke this clause under a contract may differ from country to country. Corporate Lawyers of Dubai has experienced differentiating opinion of UAE courts at the time when force majeure clauses are invoked by either party, considering the provisions of Commercial Transactions Code of UAE. Nonetheless, the present article discuss about the legal implications of a force majeure clause in a shipping contract by Maritime Lawyers in Dubai.

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