Ukrainian courts do not recognize the war as force majeure.

Ukrainian courts do not recognize the war as force majeure.

Ukrainian courts do not recognize the war as force majeure.

From March 1 to August 1, Ukrainian courts issued 62 decisions in commercial cases involving force majeure. And in only one case did the court recognize war as force majeure, writes Ksenia Kapustinskaya on the website  Columnist.

This is evidenced by the data "The opendatabase"Thus, martial law does not exempt one from fulfilling obligations under treaties, the project's analysts noted.

«Martial law will not protect against non-fulfillment of contractual obligations. Force majeure allows for the avoidance of fines or penalties, but does not exempt from payment of the principal debt or the transaction amount."," explained Opendatabot legal engineer Alina Klimenko.

Experts also compiled a top 5 list of reasons why commercial courts refuse to recognize war as force majeure:

  • the party failed to prove the direct influence of the war on the failure to fulfill its obligations;
  • one party did not notify the other of the occurrence of force majeure in the manner prescribed by the contract;
  • There is no force majeure certificate from the Chamber of Commerce and Industry (there is an official letter on the CCI website confirming that martial law is a force majeure circumstance, but according to the criteria of the law, it does not meet the requirements for force majeure certificates);
  • The party is trying to avoid paying fines imposed before the war.

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