In general, the concept of force majeure applies to natural disasters such as earthquakes, floods, etc. But the BCCI invoked the clause in the wake of the Covid-19 epidemic. This indicates that, in the face of the pandemic that is angry every day, even the management of the BCCI loses hope of continuing with the IPL 2020. And to protect itself from damages and to act in accordance with contractual obligations, it has decided to avail itself of this clause. The BCCI also appealed to sponsors, including its title sponsor, vivo, following the blockade. The tenant, a group of restaurants, invoked the “government action game” of the clause to argue that his tenancy obligation was excused by the Illinois governor`s coronavirus order, which closed restaurants on the premises, and theorized that the Order prevented him from doing business. In a decision of 2 June 2020, the Tribunal partially agreed and stated that the tenant`s tenancy obligation would be reduced on a pro-rata basis, depending on the decrease in income generated by his inability to feed himself on the spot. However, the court refused to excuse the tenant`s entire tenancy requirement on the grounds that the Coronavirus Order allows enforcement and delivery services and allows the tenant to work in limited capacity. Apart from some cases in the commercial world, force majeure is a grossly underestimated provision, which is often invoked only in the most unimaginable scenarios.
The party arguing that a case of force majeure occurred must demonstrate that it fell within the definition of force majeure defined in the contract. It must also demonstrate that the event placed it under the tutelage of its contractual obligations and is beyond its control. In the wake of Covid-19 and the resulting blockages, such a clause has become exponential. E2W LLC v. Kidzania Operations LLP, No. 1:20-cv-02866-ALC (S.D.N.Y. 2020) (Franchise invokes the force majeure clause in the franchise agreement and asserts that the state`s closure orders excuse their payment obligations and the obligation to open an additional franchise site.) (06.04.2020 Complaint) There are different ways to advise and develop a treaty. The parties should consider whether it contains the force majeure clause and whether it contains a pandemic. In this case, it would be necessary to carefully assess the facts, contractual provisions and legal principles of force majeure, including possible notice periods. Otherwise, it is proposed that the parties welcome a pandemic as a force majeure event and have provisions regarding the effects of invoking that clause. Finally, and not least, the parties must be vigilant and defend pragmatic fair trade standards, especially in times of exceptional circumstances that are currently in the world.