Force Majeure Comparative Table
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Force Majeure Comparative Table Start Comparison
Is FM recognized in statute? If yes, what is impact of statutory rules on FM clauses in contracts?

No statutory recognition. FM is rather a legal principle commonly used in commercial agreements.  

FM remedies pursuant to contract?

FM must be expressly referred to and defined in the contract. Parties have the freedom to agree on the risk allocation and determination of an FM event. Parties usually agree on suspension of performance and/or termination of the contract in case of an FM event.

Formalities to invoke?

This will depend on the wording of the FM clause.

The party claiming FM will generally need to provide evidence that FM exists, that the FM-events prevents performance, that there are no alternative ways to perform under the contract and notify the other party as soon as possible.

Any obligation to mitigate?

This will depend on the wording of the FM clause.

The party claiming FM will generally need to overcome or mitigate the impact of the FM-event.

What is the outcome of invoking FM?

This will depend on the wording of the FM clause.

The invoking party may be relieved from performing its obligations.

Existing obligations that are not affected by the FM-event are, however, not suspended.

Obligations will need to resume once the FM-event has ended. A contract may in some cases be terminated if an FM-event is extended for a longer or unforeseeable period of time.

Any other concepts/remedies?

In the absence of explicit provisions on FM, a party may claim to be excused for non-performance due to unforeseeable events, only if there is another legal ground for it.

It is unlikely that a general principle of FM can be applied in Sweden and it must be assessed in each case by the courts. The absence of a contract provision on FM therefore means that the possibility of claiming relief is highly uncertain.

Who should I contact with further queries?