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Lex mercatoria material related to Article 79 CISG

For case citations, texts and other lex mercatoria material on force majeure:

  1. Go to the CENTRAL Transnational Law Database (TLDB).


    Click TLDB's "List of Lex Mercatoria Principles".

  2. Scroll to Chapter VI: Non-Performance, Principle No. VI.3 - Force majeure.

    "If non-performance of a party is due to an impediment which is beyond the control of that party and could not have reasonably been foreseen by that party at the time of conclusion of the contract, such as war, civil war, strike, acts of governments, accidents, fire, explosions, natural disasters etc., and neither the impediment nor its consequences could have been avoided or overcome ('acts of God'; 'force majeure'. 'höhere Gewalt'), that party's non-performance is excused. If non-performance is temporary, performance of the contract is suspended during that time and that party is not liable for damages to the other party. If the period of non-performance becomes unreasonable and amounts to a fundamental non-performance, the other party may claim damages and terminate the contract."

    The TLDB database provides annotations to this text. The TLDB annotations address Doctrine, Awards, Court Decisions, Principles/Model Laws, Conventions, National Legislation, Terms/Rules.

Pace Law School Institute of International Commercial Law - Last updated January 28, 2003