Wednesday, October 05, 2011

Shell says, "Force majeure". What is that?

There was a Fire at Shell's refinery. Refinery damaged and shut down. Shell thus unable to deliver supplies to its customers as per contract. Shell declares, "Force majeure".

It means "greater power" in French where contracting parties seek to walk away from a contract without liabilities due to the occurrence of an event beyond control of both parties.

Can a party unilaterally declare "force majeure"? When is an event beyond control of both parties?

In this case, Shell's customers obviously could not have started the fire or part of the fire fighting team. Thus beyond the event is beyond Shell's customers control.

Shell, the supplier, is possibly claiming that the fire was started by the "greater power" in a multi-billion complex built by human with the greater power of machinery and equipment on a man-made island. Yes for many hours, the fire was beyond control of the fire fighting team.

In conclusion, the FIRE is thus an event beyond the control of both contracting parties and also everybody else on earth.

While I am at it.. can i continue my blabering..  Did the water used to fight the fire also drained uncontrollably into the ocean surrounding Sentosa Cove etc? Can you also seriously believe that the toxidity level of air remained unchanged? Why didn't BP hide behind the term "force majeure" when its underwater pump leaked in the middle of Gulf of Mexico for days? By declaring force majeure, Shell can't claim from its insurers too, right?


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