The Circumstances of Insuperable Force (Force Majeure)

This article provides an overview of the doctrinal understanding of the definition ‘force majeure’– the circumstances of insuperable force – and its impact on the execution of civil law contracts as well as on the possibility/impossibility to hold the subject of contractual relations liable for improper performance of contractual obligations. The article is based on an analysis of the current judicial practice not only of the Supreme Court of the Russian Federation, but also of the Arbitration Courts of the districts, as well as on clarifications from the Chamber of Commerce and Industry of the Russian Federation. The authors offer a most detailed analysis of those circumstances which, in today’s reality, are increasingly becoming the subject of law enforcement practice when arbitral tribunals hear civil law disputes over breaches of contractual obligations.