Analysis of the application of force majeure to international trade –

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Harrison Jia
DeHeng Law Offices, Beijing

The Covid-19 crisis has had a negative impact on international trade. This paper aims to analyse how foreign trade enterprises apply force majeure in international trade contracts during the pandemic.

Applicable laws

Circumstances where Chinese laws applies

If the contract expressly provides that the applicable law shall be Chinese law, even if the force majeure clause applicable to a pandemic has not been expressly stipulated in the contract, the pandemic shall be subject to provisions of the General Rules of the Civil Law and the Contract Law relating to force majeure.

Circumstances where United Nations rules apply