美以伊战事下的不可抗力条款分析及风险应对OACHSSCD

The U.S.-Israel-Iran conflict and the closure of the Strait of Hormuz have triggered force majeure risks for contracts in the oil and gas industry across the Gulf region.These risks are wide-ranging,long,and recurrent,requiring greater precision in the interpretation and application of force majeure clauses.This paper selects 184 contracts from the oil and gas industry in the Gulf region and conducts a statistical analysis of the main characteristics of their force majeure clauses.Drawing on the empirical findings and combining the CISG,the UPICC,the FIDIC Conditions of Contract for Construction,and the laws of the United Arab Emirates,Iraq,Saudi Arabia,and Qatar,it analyzes such key elements of the force majeure clauses of these contracts as the definition of force majeure and the debtor's notice obligations,clarifies the relevant legal requirements and prevailing commercial practices,examines the application of these clauses in the context of the U.S.-Israel-Iran conflict,and proposes strategies and practical recommendations for debtors claiming exemption from liability on grounds of force majeure and for creditors responding to such claims in the context of the U.S.-Israel-Iran conflict based on the clause analysis.All parties should exercise prudence when dealing with claims for exemption from liability on grounds of force majeure and seek to protect their own interests while avoiding damage to long-term cooperative relationships.It also proposes to establish a multi-layered system of contractual provisions incorporating alternative mechanisms in advance to address potential risks.