The Moscow Chamber of Commerce and Industry Announcement 26/03/2020
The consequences of coronavirus are continuing, directly or indirectly, to affect all sectors of the economy.
Businesses across the globe all have a question: can COVID-19 be considered a force majeure event and, if so, how to prove it?
In connection with the pandemic outbreak, the Moscow Chamber of Commerce and Industry has started issuing Certificates of force majeure commencing on 26/03/2020. These certificates are issued free of charge.
Consequences of recognition of the events as a force majeure is the reduction or complete exclusion of liability for failure to fulfil obligations. But it does not mean that every business entity will be free from all their obligations.
In accordance with the law and the court practice, force majeure circumstances cannot be attributed to entrepreneurial risks; in particular, the financial and economic crisis, the change in the exchange rate, and the devaluation of the national currency.
A large number of requests to the Moscow Chamber for evidence of force majeure circumstances are not subject to the force majeure legal regime. Fortunately, there are other ways to reduce the damage done by COVID-19.
If your case cannot be considered as a force majeure the Moscow Chamber recommends entering into negotiations with partners to amend the terms of contracts.