Invocation of Force Majeure in Commercial Contracts

COVID-19 has been declared as a pandemic by the World Health Organisation. Pursuant thereto, the Ministry of Health and Family Welfare has issued an advisory on social distancing, w.r.t. mass gathering and has put travel restrictions to prevent spreading of COVID-19. On 19th February, 2020, vide an Office Memorandum No. O.M. No. 18/4/2020-PPD[3], the Government of India has clarified that, the disruption of the supply chains due to spread of Corona Virus in China or any other country should be considered as a case of ‘natural calamity’ and “Force Majeure” may be invoked, wherever considered appropriate, by following the due procedure.

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