COVID-19: A LEGAL STORY OF FORCE MAJEURE, HARDSHIP AND THE USE OF COMMERCIAL MEDIATION

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At present, the outbreak of the Covid-19 epidemic is a global alarming issue, with multiple levels of multi-sectoral impacts. In particular, the business and commerce sector is under no small impact, when most businesses are struggling to find a ” legal lifebuoy” to cope with stalled business activities. Accordingly, they chose to “cling” to the characteristics of the Covid-19 epidemic in relation to the terms of the Force Majeure. “If my business has not fulfilled the contractual obligations such as we haven’t delivered the goods or missed the delivery time, we will be exempt from liability because of Covid-19!”. However, is this “cling” provision in the time of Covid-19 really the best solution for businesses? Is the method of commercial mediation a considerable solution for businesses in the time of the Covid-19 epidemic? If combining this method with the “legal float” – Hardship is an effective solution for businesses to find direction during and after the epidemic?

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