This guide covers 10 jurisdictions: Cambodia, China, India, Indonesia, Malaysia, Philippines, Singapore, South Korea, Thailand and VietnamIntroduction
Since RHTLaw Asia’s last article on force majeure in light of COVID-19 which was published on 14 February 2020, the number of infected has risen over 700% to over 420,000, and the number of deaths has risen over 1,300% to over 18,000. In light of how drastic the situation is, we have, together with some of our partner law firms in the ASEAN Plus Group, prepared the following table summarising various Asian jurisdictions’ positions on force majeure. The table is the collective effort of over 15 lawyersfrom 9 firmsacross 10 jurisdictions and showcases the seamless cooperation within the ASEAN Plus Group.
Some key questions addressed in this guide include:
Does the contract contain a force majeure clause?
Is there a duty to mitigate in the case of force majeure event occurring?
For an force majeure clause to be triggered, is impossibility in performing required or does a degree of difficulty suffice?
If the force majeure clause applies, will the contract be terminated or temporarily be suspended?
What happens if there is no force majeure clause or the force majeure clause is not applicable?