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Hong Kong Law Journal ; 52:731-756, 2022.
Article in English | Web of Science | ID: covidwho-2170174

ABSTRACT

The rules on force majeure in Chinese law as applied to port terminal opera-tions are vague, and the application of these rules can be inconsistent, at the discretion of the judges. The resulting uncertainty causes difficulties for those involved in port terminal operations in predicting their liabilities. This article attempts to conduct two case studies about force majeure in the context of port terminal operations, first concerning natural disasters and, second, concerning the COVID-19 pandemic. The article concludes by suggesting that the stand-ards for identifying force majeure and the rules for applying force majeure are in need of clarification. It is argued that, in cases where force majeure does not frustrate the purposes of the contract, the legal consequences may be better decided by referring to the principle of fairness and to the rules of change of circumstances.

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