Are you in a state of disrupted agreement and want to know the applicability of force majeure UAE in your case? Unforeseen circumstances like global conflicts, pandemics, and government restrictions may occur in any business. Knowing force majeure and its applicability in UAE law is significant in protecting your rights as a client.
At RH & HALE, with the assistance of our experienced legal consultants in Dubai, we will assist you in understanding and effectively enforcing your contracts, especially in complicated circumstances.
Force majeure means any unforeseeable event that makes it impossible for a party to perform a duty. The UAE Civil Code states that force majeure may affect a contract in various ways, depending on the gravity of the situation.
Such events may comprise:
Force majeure, as a legal term, is often associated with the concepts of contract impossibility UAE and excuse of performance UAE.
The concept of UAE Civil Code on Force Majeure is mainly based on:
Key Principle:
This is the basis for contract cancellation in UAE law on Force Majeure.
Most agreements have a force majeure clause UAE that outlines:
However:
Review of the agreement is important before considering the defense of force majeure.
One of the most significant elements is the notice requirement force majeure. Generally speaking, in most contracts, it is required that:
Non-compliance with notice requirements will lead to:
It is important to note that there is a distinction between:
UAE law does not permit force majeure on the grounds of inconvenience or financial loss.
Yes, but only if certain conditions specified in contract cancellation UAE law are met. Such conditions include:
If these conditions are met, then:
Force majeure can also happen in property deals, especially in off-plan properties.
For example:
It is worth noting, though, that not all delays may be considered as force majeure. There are certain conditions which must be met in order for it to be considered as such.
To further enlighten you on how it can affect your property deals, it is recommended to check our articles on off-plan property cancellation before SPA in Dubai ([ADD MY ARTICLE URL HERE]) and cancelling off-plan property before Oqood registration ([ADD MY ARTICLE URL HERE]).
There are a number of common mistakes that parties make in relation to force majeure UAE, and this often leads to legal problems:
It is important that you avoid all these common mistakes so that your position is not compromised.
At RH & HALE, being one of the best law firms in UAE, we are here to assist you with expert legal services in UAE for contractual issues and disputes. Our assistance includes:
Are you experiencing difficulties in fulfilling your contractual obligations? Our team is here to ensure that your rights are protected in the best manner.
Get in touch with us today for expert advice on your contractual obligations.
Force majeure is one of the most effective legal defenses. However, it’s important to remember that this is not universally applicable in all cases. The key is to recognize the extent to which your individual case meets the legal requirements under UAE law.
Before making any decisions, it’s always better to review your contract and take the right steps.
At RH & HALE, we can assist you in these situations with the right guidance and without making any mistakes.
Get in touch with RH & HALE today and review your contract.
Depending on the complexity of your case, it will take around 1 to 3 months. The overall cooperation of both parties will also matter in deciding the overall case timeline.
Yes, but only in certain circumstances. The event should make it absolutely impossible to continue the contract, not just more difficult or more expensive.
No, not in UAE contracts. The UAE is more interested in whether the contract can be performed physically or legally.
Yes, in most cases, you do have to notify the other party and explain the situation to them as soon as possible.
Yes, you should definitely do that. Each contract is different, and only a lawyer can guide you as to whether force majeure is applicable in your case or not.