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

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.