How To Deal With The Event Of Force Majeure?

     《联合国国际货物销售合同公约》规定，一方当事人享受的免责权利只对履约障碍存在期间有效，如果合同未经双方同意宣告无效，则合同关系继续存在，一国履行障碍消除，双方当事人仍须继续履行合同义务。 

Therefore, the consequences arising from force majeure events, the termination of contracts or the delay in performance of contracts should be agreed upon by the two parties in accordance with the provisions of the Convention.

The Convention also stipulates that after a force majeure event occurs, the breaching party must notify the other party in time and provide the necessary proof documents, and shall make suggestions in the notice.

If the other party is injured due to failure to inform in time, it shall be liable for compensation.

China's foreign-related economic contract law also stipulates that "... Should inform the other party in time to mitigate the losses that may be caused to the other party."

Most of the organizations certifying force majeure events are local chambers of Commerce.

In China, it is issued by the China Council for the promotion of international trade (China International Chamber of Commerce).

After receiving the notice and proof of the event of force majeure, the other party shall decide whether to confirm the event of force majeure according to the nature of the incident and notify the other party in time.

The key to handling force majeure events is the identification of events of force majeure. Although the force majeure clause is specified in the contract, on the specific issues, the two sides will be divided on whether the force majeure event is established.

Usually, we should pay attention to the following matters.

Distinguish between business risk and force majeure events.

Business risk is often unpredictable and unavoidable, but the fundamental difference between it and force majeure events is that one party has the ability to fulfill its contractual obligations after assuming a risk loss. Typically, it deals with "category goods", which can be purchased from the market, and the seller can not usually be relieved of the liability for delivery.

        重视“特定标的物”的作用。对于包装后刷上唛头或通过运输单据等已将货物确定为某项合同的标的物，称为“特定标的物”， 此类货物由于意外事件而灭失，卖方可以确认为不可抗力事件。如果货物并本特定化，则会造成免责的依据不足、比如三万米棉布在储存中由于不可抗力损失了一万米，若棉布分别售于两个货主，而未对棉布作特定化处理，则卖方对两个买主都无法引用不可抗力条款免责。