Study On The Application Of Agreed Force Majeure Clauses In International Trade

In past international trade transactions,force majeure clauses often existed as fixed clauses in contracts,and few discussed this part of the contract separately.But after the 2019 outbreak of the novel coronavirus pneumonia was first reported in China,its impact quickly spread to most countries and regions around the world.The smooth execution of international trade contracts has become increasingly difficult,affected by the epidemic,traffic restrictions,personnel circulation control,and the decline in consumer demand caused by the ongoing economic downturn.In that context,the discussion of the force majeure clause was also receiving increasing attention.The laws of the major trading countries of the world and international treaties and practices contain different provisions on force majeure.In order to eliminate the obstacles to application,international trading enterprises should be encouraged to expressly stipulate force majeure clauses in their contracts.However,the agreed force majeure clause has its own defects that are difficult to overcome and some difficulties are encountered in its practical application.Force majeure clauses have a long history and can be found in the practice of major trading nations and international treaty conventions,but agreements on force majeure clauses have only recently attracted more attention.There are some defects such as incomplete agreement,lack of pertinence of the agreement and lack of operability of the agreed force majeure clause.At the same time,it should be limited by the basic principles of applicable law and civil law.Therefore,when signing a contract,Chinese foreign trade enterprises should first agree to apply China’s laws to formulate agreed force majeure clauses.The specific provisions can be based on the ICC’s Force Majeure and Hardship Provisions 2020 rules.When it comes to specific industries,provisions should be formulated according to the characteristics of the industries.Only in this way can our foreign trade enterprises make active use of the agreed force majeure clause to safeguard their legitimate rights and interests,push our foreign trade enterprises out of the economic downturn at an early date,and promote the recovery and development of international trade.