This covered Force Majeure and was published on 29 July 2026, link below.
https://library.iccwbo.org/tfb/tfb-briefings.htm
It should be noted that all ICC Technical Advisory Briefings are for educational guidance only.
This Technical Advisory Briefing examines the application of force majeure under UCP 600 article 36 and clarifies the circumstances in which banks are relieved of liability when their business is interrupted by events beyond their control. It explains that article 36 is intended to protect banks where events such as natural disasters, war, civil unrest or similar circumstances prevent them from performing their obligations. In electronic and hybrid presentation environments, the briefing also considers the complementary provisions of eUCP article e14, which specifically addresses failures of data processing systems, communications networks and other technology-related disruptions.
The briefing emphasises that article 36 applies only where a bank's own business is interrupted. It does not extend presentation periods or excuse a beneficiary from presenting documents on time merely because commercial activity, transport or document movement has been disrupted. Events such as the COVID-19 pandemic and the 2010 Icelandic volcanic eruption illustrate that disruption affecting document transit or wider commercial activity does not, by itself, constitute force majeure where banks remain open and operational.
The paper also discusses reimbursement obligations, the relationship between UCP 600 article 36 and eUCP article e14, and the importance of considering applicable local law when determining legal enforceability. It concludes that while digitisation and electronic presentation may reduce certain operational risks, force majeure remains a narrowly construed exception intended to protect banks only where their own operations have genuinely been interrupted by events beyond their control.