Businesses typically want their contracts to succeed, making a good profit for a good product or service. Events, however, frequently frustrate the best business intentions and a party may find itself in the position of having to default because of events beyond its reasonable control.
In the ICC Force Majeure Clause 2003 and in the ICC Hardship Clause 2003, the ICC seeks to provide international traders with ready-made, off the peg, model clauses which parties to international contracts may incorporate into their contracts.
The ICC Force Majeure Clause 2003 combines the predictability of listed force majeure events with a general force majeure formula which is intended to catch circumstances which fall outside the listed events. The ICC Hardship Clause 2003 balances businesspeople’s legitimate expectations of performance with the harsh reality that circumstances do change to make performance so hard that the contract simply must change.