PENUMBRA OF FORCE MAJEURE – A TREATISE ON COVID 19
With hallmark clarity, the phase “Force Majeure” (‘FM’) is ubiquitous in everyone’s perception, regardless of contractual relations between parties or in context of understanding by advocates or experts in law. As far as its interpretation of the events of ‘FM’ and its applicability are concerned, the judges, arbitrators, courts, and international forums are still undergoing difficulties despite the fact that a voluminous case law on this pertinent phrase has evolved internationally. It has many shades or facets. It cam even enlarge the’FM’ event to a state party if it happens due to third party negligence. The world is facing SARS-CoV-2-Covid19, a public health emergency of international concern (‘PHEIC’), as a situation like biological warfare. The State party in which geographical location the outbreak erupted was obliged to adhere to the timlines as addressed in the International Health Regulations, 2005 Failure to do so during the eruption of the outbreak of “PHEIC” or protect aliens an their properties in case of war, insurrection, rebellion, and riots erupted in the land of the respective country can also lead to state party liability for international wrongful acts under international law. An element of negligence of a state party can leand to payment of reparations under international law for the role played by state party in its internationally wrongful act(s).
In cross-country contracts, it creates a precarious suitation for the parties and the courts or arbitration forums in answering the events covered by the FM clause (FMC) if either party invokes the FM event covered in the said clause or by operation of the law of land. This book is not only a compilation of case law evolved on the pertinent subject to a certain extent, but also an appended version covering the scope to resort to class action suits before international forums against the delinquent party for an internationally wrongful acts.