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Force majeure

Contract clause excusing performance when extraordinary events prevent delivery or payment; defines notice, proof and mitigation duties.

Force majeure is a contractual clause that relieves one or both parties from their contractual obligations when extraordinary events beyond their control prevent performance. In energy markets, force majeure is particularly significant due to the physical nature of production, transportation, and delivery. Events such as wars, sanctions, natural disasters, strikes, pipeline failures, or extreme weather are common triggers. Invocation of force majeure can disrupt supply chains, delay cargoes, suspend deliveries, and materially impact regional pricing. The specific wording of a force majeure clause is critical, as it determines what events qualify, notification requirements, and the duration of relief. Disputes often arise when counterparties disagree on whether an event truly prevents performance or merely makes it more expensive. Traders, lawyers, and risk managers must understand force majeure provisions when assessing contractual risk, especially in long-term physical contracts. In tight markets, force majeure declarations can remove supply unexpectedly, leading to sharp price spikes and increased volatility across related energy products.

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