Question 1

Is a force majeure clause required in contracts?

Accepted Answer

Not necessarily. If a contract includes a force majeure clause, the wording of that clause will usually guide how it applies, including qualifying events, notice requirements, mitigation and consequences. If the contract is silent, force majeure may still be considered under UAE law where performance becomes impossible due to a force majeure event.

Question 2

How is force majeure different from hardship?

Accepted Answer

Force majeure may apply where contractual performance becomes impossible. Hardship may apply where performance remains possible but becomes excessively onerous and threatens substantial loss. This distinction matters because using force majeure incorrectly can increase legal and commercial risk.

Question 3

Does a supply chain delay count as force majeure?

Accepted Answer

Not automatically. If alternative routes or methods remain available, even at a higher cost or with longer timelines, the issue may be treated as delay or hardship rather than force majeure.

Question 4

Can force majeure excuse payments that are already due?

Accepted Answer

As a general rule, payment obligations that have already accrued typically remain due and enforceable unless the contract expressly provides otherwise.

Question 5

What evidence should businesses keep for a force majeure claim?

Accepted Answer

Businesses should keep clear records showing the event, direct causation, mitigation efforts and compliance with contract notice or procedure requirements. This may include official restrictions, closure orders, regulatory notices, infrastructure shutdowns or banking and payment restrictions that prevent performance.

Question 6

Does governing law matter for force majeure?

Accepted Answer

Yes. UAE mainland, DIFC, ADGM and foreign law may treat force majeure and related concepts differently. Businesses should review the governing law and forum before deciding how to respond to contractual disruption.

Force majeure in the UAE