Arbitrators on
the effect of force majeure clause.
In the award it is stated:
.Under the force majeure clause the respondents did not have ... force
majeure clause had no limitation on the period of suspension of the
contract while the execution was affected by a valid force majeure; that
majeure clause ". The argument is that there
was no consensus ad idem, and that the parties had not
specified which force majeure clause they ... force majeure clause. Mr. Daphtary posed the
question as to on whom was the burden of proving the usual
force majeure clause. In our opinion
However, on 18th March 2020, the Contractor invoked the Force
Majeure clause and sought further time to complete the Project. This was
however not acceptable ... ground of Force Majeure taken
in March, 2020 would have to be adjudged. The grounds taken to invoke the
Force Majeure clause are that
majeure clause". The argument is that there was no consensus ad idem, and that the parties had not specified which force majeure clause they ... force majeure clause. Mr. Daphtary posed the question as to on whom was the burden of proving the usual force majeure clause. In our opinion
Force Majeure, reasons for continued existence of
the event of Force Majeure and an estimate of the
anticipated duration of the event of Force Majeure ... ground of
Force Majeure taken in March, 2020 would have to be
adjudged. The grounds taken to invoke the Force Majeure
clause are that
ground of Force Majeure taken in March, 2020 would
have to be adjudged. The grounds taken to invoke the
Force Majeure clause are that ... notified that the COVID-19 pandemic was a force
majeure occurrence. In effect, the force majeure
clause under the agreement immediately becomes
applicable
evoking the force majeure
clause. Even if the circular came with a caveat that the application of
force majeure clause on account of implementation ... purpose of upholding the invocation of Clause 25
of the contract agreement, i.e., Force Majeure Clause. There is, thus,
no infirmity in the award
implied
that the force majeure clause stood incorporated
as a term of the LC. The force majeure clause
provided for conclusivity of the procedure, which ... Rules.
14. There is no doubt that clause 21 does provide for force
majeure clause and the manner of its invocation
that in the
event a force majeure notice is not sent, the force majeure clause is unenforceable. The
term 'notice' in Clause ... force majeure' and, therefore, did not qualify as a 'notice' of force majeure, is patently
misconceived. The force majeure clause itself does
same and consequently direct the respondents to invoke/apply the Force
Majeure Clause and not to invoke the Security Deposit and Bank Guarantee
furnished ... which was an unforeseen situation. Therefore,
it would fall under ' Force Majeure Clause'.
11/80
https://www.mhc.tn.gov.in/judis
WPs29218
