The Chamber of Commerce and Industry of the Russian Federation has issued a Resolution approving the procedure for confirming force majeure circumstances under contracts concluded between Russian companies.
According to the text of the document, force majeure circumstances are understood as emergency, unforeseen and unavoidable circumstances that arose as a result of the performance of contractual obligations that the parties to the contract could not foresee and, accordingly, prevent. Such circumstances include:
Events that constitute business risks cannot be classified as force majeure, for example:
If Russian companies are unable to perform their contractual obligations owing to force majeure circumstances, they can witness this event in the bodies of the Chamber of Commerce and Industry of Russia (CCI of the Russian Federation). To do this, companies need to submit an application in the prescribed form to the bodies of the CCI of the Russian Federation and attach a set of supporting documents to it:
The deadline for consideration of the application and making the relevant decision by the bodies of the CCI of the Russian Federation is 10 working days from the date of registration of the application. The procedure for considering an application consists of the following stages:
The authorized CCI of the Russian Federation issue opinions on the relevant circumstances based on the results of determining the set of the following signs:
If force majeure circumstances arise under to non-contractual relationships or under a contract, one of the parties to which is an individual (who does not have the status of an individual entrepreneur), then the authorized CCI of the Russian Federation will not witness to such events. Please note that the activities on witnessing the force majeure is carried out by the bodies of the CCI of the Russian Federation for a fee.
In the matters of the participation of companies in the procedure of witnessing force majeure circumstances, please contact the specialists of Acsour Legal Department.