Impacts of climate change – foreseeable or unforeseeable? Drafting force majeure clauses in the era of climate uncertainty
The article outlines the potential role of the force majeure clause in the context of climate change, and summarizes key considerations and effective drafting techniques. It recommends instead of using boilerplate language to draft force majeure clauses carefully and discusses specific elements that should be considered during the negotiation. While the article is based on the International Chamber of Commerce (ICC) force majeure provision, the general considerations are equally relevant for PPP projects.