Is A Force Majeure Clause Enforceable in UAE?
Onshore UAE civil law recognises a codified force majeure doctrine that can excuse performance even without an express contractual clause, where an unforeseeable event makes performance genuinely impossible. The DIFC and ADGM free zones instead follow the English common-law approach, where force majeure exists only if the contract expressly provides for it.
This page describes the general approach UAE law takes to this clause type — it is informational, not legal advice on any specific contract. Enforceability in a real dispute depends on the exact wording, the specific facts, and current law, all of which can change. Have your actual clause reviewed by a lawyer before relying on it.
How UAE approaches this
This is a genuine, meaningful difference from common-law systems: onshore UAE civil law includes a statutory concept allowing suspension or termination of obligations where an external, unforeseeable event makes performance impossible — a contractual force majeure clause typically supplements and clarifies this statutory position rather than being the only source of relief.
DIFC and ADGM entities, operating under common-law frameworks, don't benefit from this statutory fallback — for contracts governed by DIFC or ADGM law, force majeure exists only to the extent the contract expressly provides for it, exactly as in the UK or Singapore.
Which of the UAE's legal frameworks actually governs a given contract materially changes the analysis — the same disruptive event could have statutory backup relief onshore, but rely entirely on the contract's own wording in a DIFC or ADGM agreement.
What determines the outcome
- Whether the contract sits onshore (statutory force majeure available) or in the DIFC/ADGM (contract-only, English approach)
- Whether performance was genuinely made impossible, not just more difficult
- The specific wording of any contractual force majeure clause, particularly for DIFC/ADGM contracts
Practical guidance
- Identify which UAE legal framework governs before assessing whether statutory relief is available
- For DIFC/ADGM contracts, draft a comprehensive express clause since no statutory fallback applies
- For onshore contracts, still include an express clause to clarify and supplement the statutory position rather than relying on it alone
Frequently asked questions
Is a force majeure clause enforceable in UAE?
Onshore UAE civil law recognises a codified force majeure doctrine that can excuse performance even without an express contractual clause, where an unforeseeable event makes performance genuinely impossible. The DIFC and ADGM free zones instead follow the English common-law approach, where force majeure exists only if the contract expressly provides for it.
Is this legal advice?
No. This page describes the general approach UAE law takes to force majeure clauses — it is not legal advice on any specific contract. Enforceability in a real dispute depends on the specific wording, facts, and current law. Have the actual clause reviewed by a lawyer before relying on it.
Force Majeure Clause in other jurisdictions
Other clauses in UAE
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