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Pepeliaev Group advises that, since 26 March 2020, force majeure opinions and certificates have started to be issued free of charge.
In connection with the pandemic announced by the WHO owing to the coronavirus (COVID-19) outbreak and prohibitive and restrictive measures introduced in Russia, as well as further to direct instructions of the Russian Government, the President of the Russian Chamber of Commerce and Industry (the “Chamber”) has ordered that regional chambers of commerce and industry should arrange to issue free opinions on force-majeure circumstances under agreements and contracts between Russian business entities and to provide advisory services in connection with the above[1].
Similarly, since 26 March 2020, the Chamber has been issuing force majeure certificates in accordance with the provisions of foreign trade contracts and international agreements.
Therefore, the Chamber has recognised that force-majeure circumstances exist both for domestic Russian agreements and contracts, and for foreign trade contracts and international agreements. The above opinions and certificates will be issued and relevant advice will be provided on a free-of-charge basis.
If a company has failed (or may fail in future) to perform its obligations (both under agreements and contracts with Russian counterparties and with foreign partners) owing to the pandemic or restrictions that have been introduced, we recommend that you immediately obtain documents from the Chamber[2] confirming the onset of force-majeure circumstances.
Such documents will prove the grounds for a release from liability under agreements and contracts. They will also strengthen your positions during negotiations with counterparties and in potential subsequent disputes.
Pepeliaev Group’s specialists are ready to provide you with the necessary support regarding the performance of your agreements and contracts during the pandemic and in the rapidly changing legal environment.
