Article 7940 Cases (1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.

(2) If the party"s failure is due to the failure by a third person whom he has engaged to perform the whole or a part of the contract, that party is exempt from liability only if:

(a) he is exempted under the preceding paragraph; and

(b) the person whom he has so engaged would be so exempt if the provisions of that paragraph were applied to him.

(3) The exemption provided by this article has effect for the period during which the impediment exists.

(4) The party who fails to perform must give notice to the other party of the impediment and its effect on his ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, he is liable for damages resulting from such non- receipt.

(5) Nothing in this article prevents either party from exercising any right other than to claim damages under this Convention.

Number

Issue

# Cases

Exemption for non-performance

1.1

Impediment amounting to exemption

1.1.1

Conduct of breaching party

1.1.2

Strike

1.1.3

Non-performance by supplier

Country	Date	Court
Arbitral Award	00-00-1995	ICC Court of Arbitration, Basel
Arbitral Award	21-03-1996	Schiedsgericht der Handelskammer - Hamburg, Germany
Cases: 2
Egypt	19-02-2023	Cairo Regional Centre for International Commercial Arbitration (CRCICA)
Cases: 1
Germany	28-02-1997	Oberlandesgericht Hamburg
Germany	04-07-1997	Oberlandesgericht Hamburg
Germany	24-03-1999	Bundesgerichtshof
Cases: 3
Russian Federation	16-03-1995	Tribunal of Int'l Commercial Arbitration at the Russian Federation Chamber of Commerce
Cases: 1