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Paris Energy Series No. 9: Expecting the Unexpected: The Force Majeure Clause

Unforeseeable and unavoidable events – such as the Ebola epidemic in West Africa, the warehouse fire in Brazil, and the crash of Malaysian Airlines Flight 17 in Ukraine – regrettably do occur and thus must be taken into consideration by parties in their economic, political, and natural disaster risk assessment of long-term international projects. In short, contract drafters must expect the unexpected. By carefully reviewing the applicable law and drafting a force majeure clause that is tailored to the agreement, the force majeure clause can come to the rescue when – not if – such events take place. This article originally was published in 16(1) BUS. L. INT'L (2015).

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