Force Majeure Clause 'Eclipses' Contractual Terms, Existence And Duration Of Force Majeure Event To Be Determined By Arbitral Tribunal: Delhi HC

The Delhi High Court ruled that the occurrence, existence, and duration of a force majeure clause is a question of fact that will be determined by an arbitral tribunal. This decision clarifies the role of arbitral tribunals in interpreting force majeure clauses. It emphasizes that factual determinations are within the tribunal’s purview. The ruling underscores the importance of contractual interpretation. It provides clarity on the arbitration process.