URC 522 Article 15: Force Majeure
“ARTICLE 15 FORCE MAJEURE Banks assume no liability or responsibility for consequences arising out of the interruption of their business by Acts of God, riots, civil commotions, insurrections, wars, or any other causes beyond their control or by strikes or lockouts.”
Explanation:
Article 15 of the Uniform Rules for Collections (URC) 522 deals with the concept of “force majeure,” a legal principle that relieves parties from their contractual obligations when certain unforeseen events occur. These events are beyond the control of the parties involved and make it impossible or impractical to fulfill their contractual duties.
The article specifically states that banks are not liable for any consequences that arise due to interruptions in their business operations caused by events such as natural disasters (referred to as “Acts of God”), riots, civil unrest, insurrections, wars, strikes, lockouts, or any other events beyond their control. This means that if a bank is unable to process a collection or perform any related tasks due to such events, they cannot be held responsible for any resulting losses or delays.
Examples:
- Natural Disaster (Act of God):
- Scenario: A bank in a coastal city is responsible for processing documentary collections for an international trade transaction. However, a major hurricane hits the city, causing widespread flooding and power outages. As a result, the bank’s operations are severely disrupted, and they cannot process the collection documents on time.
- Application of Article 15: In this case, the bank would not be held liable for any delays or financial losses incurred by the parties involved in the transaction because the interruption was caused by a natural disaster, an event beyond the bank’s control.
- Civil Unrest:
- Scenario: A bank is located in a country experiencing significant civil unrest, including riots and violent protests. The bank is forced to close its branches temporarily for the safety of its employees and customers, resulting in a delay in the processing of documentary collections.
- Application of Article 15: Here, the bank would not be responsible for any consequences of the delay, as the interruption was caused by civil commotions, which are beyond the bank’s control.
- Strikes or Lockouts:
- Scenario: A bank’s employees go on strike, leading to a complete halt in the bank’s operations. During this period, the bank is unable to process any documentary collections, causing delays for several trade transactions.
- Application of Article 15: According to Article 15, the bank would not be liable for any delays or financial losses suffered by the parties in these transactions, as the interruption was due to a strike, which is explicitly mentioned as a force majeure event in the article.
Conclusion:
Article 15 of URC 522 provides banks with protection from liability in situations where their ability to perform their duties is compromised due to uncontrollable events. By understanding this provision, businesses involved in international trade can better manage their expectations and prepare for potential disruptions caused by force majeure events.