letter of credit.
Therefore, the appellant wanted to invoke the force majeure clause
canceling April shipment for both the contracts. The respondent wrote ... letters of credit had
been opened and they are invoking the force majeure clause in these two
contracts, it obviously means that they
what is meant by "force majeure " with reference to its
history. The expression "force majeure " is not a mere
French version ... force majeure ", and even if this be the meaning, it is
obvious that the condition about "force majeure, " in the
agreement
what is meant by "force majeure" with reference to its history. The expression "force majeure" is not a mere French version ... force majeure", and even if this be the meaning, it is obvious that the condition about "force majeure" in the agreement
performed prior to the
occurrence of a Force Majeure Event.”
10. Re: Applicability of the force majeure clause: The primary
issue for our consideration ... govern the law on force majeure. When
the contract contains an express or implied force majeure clause,
it is governed under Chapter
entitled to raise the issue
of force majeure and change in law as a substantive issue, the force
majeure claim and the change ... order, force majeure and change in law cannot be gone
into. It is further argued, in the alternative, that in any case, force
majeure either
recognized
force majeure events in Clause 44.3 in the following manner:
17
For purpose of this clause “Force Majeure”
means ... parties had agreed for a
payment of force majeure rate to tide over any force majeure
event, which is temporary in nature.
25. Having regards
delivered. The
contract was cancelled and the appellant resorted to force
majeure clause.
4. The dispute was referred to an arbitrator. The sole
arbitrator made ... Before the Division Bench, the appellant sought the
benefit of the force majeure clause because the
government had banned the use and process of rapeseed
deciding anything on the import and effect of the force
majeure clause (No. 29) contained in the lease deed. It is
contended that therefore when ... effect of
the force majeure clause (clause no. 29) contained in the
11
lease deed”. Therefore, applicability of the force majeure
principle contained in clause
delivered. The contract was cancelled and the appellant resorted to force majeure clause.
4. The dispute was referred to an arbitrator. The sole arbitrator made ... Before the Division Bench, the appellant sought the benefit of the force majeure clause because the government had banned the use and process of rapeseed
appellant-Corporation.
10. The Corporation also disputed the invocation of force majeure clause
in the fact situation of the case especially when securing ... parties to the
contract did not belong to U.S., the force majeure clause could not have
been validly invoked by the respondent.
14. Dealing
