Prepared by the Commission on Commercial Law and Practice
Force Majeure literally means “greater force”. Force Majeure clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract.
A hardship clause, on the other hand, requests re-negotiation of the contract if the continued performance of one party’s contractual duties has become excessively onerous due to an unforeseen event beyond the control of that party.
Download both model clauses for free:
Negotiating force majeure and hardship clauses means operating at the very core of the contract. It is important that the clauses are balanced and apply equally to all parties to the agreement. ICC’s model contracts and clauses facilitate international business negotiations and the drafting of the numerous contractual documents and reflect best international corporate practice. The ICC Force Majeure Clause 2003 and the ICC Hardship Clause 2003 has been designed to facilitate the drafting process both for companies and for their lawyers and help them to take unforeseeable circumstances into account.
Be prepared for unforseeable circumstances and download the Force Majeure and Hardship clauses now!
|ICC Anti-Corruption Clause|
|ICC Force Majeure & Hardship Clause|
|ICC Principles to Facilitate Commercial Negotiation|
|ICC Global Trade and Finance Survey 2016|
|ICC Green Economy Roadmap|
|ICC Intellectual Property Roadmap|
|Developing Neutral Legal Standards International Contracts|
|ICC Cyber Security Guide for Business|