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Force Majeure Certificates Issued by CCPIT

1. What the certificate does

A force majeure certificate issued by CCPIT records that an event outside the parties’ control affected the performance of a contract.

It is not a legal ruling. It is a factual certification by a chamber of commerce that the event occurred and that it is of a nature recognised as force majeure.

Whether the certificate discharges the party’s obligations is a matter for the contract and, if contested, for a tribunal.

2. What CCPIT certifies

That the event described occurred.

That the event is outside the affected party’s control.

That the event is of the kind recognised as force majeure under the applicable contract language.

The certificate attaches to the affected party’s notification and to supporting evidence.

3. The evidence requirement

CCPIT does not issue the certificate on request alone. It reviews evidence.

Common evidence: government notices, regulatory orders, official media reports, industry association statements, port authority announcements.

The affected party assembles the evidence and presents it with the application.

4. The contract governs

The certificate’s effect depends on the contract’s force majeure clause.

Where the clause lists specific events, the certificate should address one of them.

Where the clause uses a general definition, the certificate’s description of the event should fit within it.

Where the clause requires notice within a specified period, the certificate does not cure late notice.

5. The timing problem

Force majeure events often unfold over days. The certificate takes time to obtain.

The contract typically requires notice of the event within a short period, sometimes days.

The sequence: notify the counterparty immediately, then obtain the certificate, then submit it.

Exporters sometimes wait for the certificate before notifying and find that the notice was out of time.

6. What the certificate does not do

It does not automatically excuse performance. The contract and the applicable law determine that.

It does not cover events that were foreseeable or within the party’s control.

It does not cover a supplier’s failure where the party could have sourced elsewhere.

It does not resolve a dispute. It creates evidence for one.

7. Where it matters most

Three settings.

Where a contract requires a force majeure certificate as a condition of relief.

Where a letter of credit requires delivery and the exporter cannot perform.

Where arbitration or litigation follows and documentary evidence of the event is needed.

8. Common errors

Notifying after obtaining the certificate

Notice periods run from the event, not from the certificate.

Claiming force majeure without evidence

CCPIT requires evidence.

Assuming the certificate settles the matter

It is evidence, not a ruling.

Using it for an event within the party’s control

Refused, and it weakens the party’s position.

No force majeure clause in the contract

The certificate has nothing to attach to.

9. Closing view

The force majeure certificate is a chamber attestation of a fact, and its value depends entirely on how well the contract is drafted and how promptly the counterparty is notified.

The certificate is the middle step. The contract and the notice are what determine whether it helps.

*This article is based on the force majeure certification service provided by the China Council for the Promotion of International Trade. Parties should consult counsel on contractual and legal effect.*

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