Work

Navigating Force Majeure in Offshore Wind Energy Projects: Drawn from the CISG, the Taiwanese Law, and the Principle of Contractual Freedom

Year: 2025

Type: article

Abstract: The development of offshore wind energy plays a pivotal role in Taiwan's transition to a lowcarbon economy.To secure the profits of substantial investments in offshore wind energy, long-term contracts are essential.However, supervening incidents could halt, damage, or destroy offshore wind projects.Force majeure clauses serve as a preventive mechanism to address these unforeseen risks.Despite their significance, contract drafters often overlook the importance of force majeure clauses.This article contends that offshore wind developers and the Taiwanese government should collaborate as partners to carefully draft force majeure clauses in offshore wind contracts, ensuring proper allocation of unforeseen risks.By examining the concept of force majeure under the CISG and Taiwanese law, this article proposes fundamental elements and a model clause for force majeure in offshore wind contracts.

Source: Journal of East Asia and International Law

DOI: 10.14330/jeail.2025.18.1.01

Author: Tsung-Sheng Liao

Institution: National Chung Cheng University

Language: English

Topic: European and International Contract Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Industry, innovation and infrastructure, Peace, justice, and strong institutions

Open Access status: hybrid

Funders: National Science and Technology Council, National Science and Technology Council