When Contracts Break | Episode 2 | Force majeure and hardship under UAE and Saudi law: when courts may intervene

In Episode Two of our Contracts Under Pressure podcast series, Justine Reeves and Rebecca Hilton turn to civil law systems in the Middle East, examining how the UAE and Saudi Arabia approach force majeure and hardship when contracts come under strain.

Unlike English law, force majeure in both jurisdictions is not purely contractual, it is embedded in statute. But that does not mean relief is automatic. This episode examines the demanding tests courts apply, the significance of impossibility, foreseeability and avoidability, and why force majeure relief is often unavailable where events fall within ordinary commercial risk.

This episode provides practical insight into:

• How statutory force majeure operates in the UAE and Saudi Arabia
• Why impossibility sets such a high bar for relief
• The distinction between force majeure and hardship under civil law
• The potential impact of the new UAE Civil Code on existing approaches
• The role of negotiation and court intervention in restoring contractual balance

Our Contracts Under Pressure podcast series is valuable for businesses managing contractual risks and an essential listen for in‑house counsel, commercial leaders, and anyone managing contracts in uncertain economic or geopolitical conditions.

Note: This podcast is a general discussion and does not constitute legal advice.

Listen to Episode 3 | The DIFC approach to non performance – and practical steps for affected businesses