Pandemic and Force Majeure Clause - By Saksham SAMARTH

Introduction

This article analyses the consequences for employers and employees stemming from unforeseen and extraordinary events that arise during a contractual relationship. The COVID-19 pandemic, wars, conflicts, political unrest, earthquakes, currency variations etc. have been some reasons in the football world where employers have often invoked force majeure requiring a modification in the contractual obligations. There are occasions when such clauses have not (necessarily) been foreseen at the time of signing the relevant contract which often leads to a dispute and, in other circumstances, a dispute even stems between parties when the contract contains such a clause as it is unclear and/or the parties challenge its application and effects.

Legal Nature and Implementation of the Clause

Force majeure is a civil law concept. However, contracts in both common and civil law jurisdictions contain clauses that define what amounts to...

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