A debtor facing a bounced-cheque claim sometimes invokes force majeure — arguing that events beyond their control prevented payment. Against a dishonoured cheque, this defence almost always fails. Here is the three-point reason why.
Last updated: May 2026. Part of our complete bounced cheque recovery guide.
Quick answer
Force majeure under UAE Civil Code Articles 249 and 273 does not excuse a cheque that bounced for insufficient funds. It fails on three grounds: there was no genuinely unforeseeable event, there is no causal link between the event and the empty account, and the debtor did not give timely notice.
What force majeure requires
To rely on force majeure, a party generally must show:
A bounced cheque defence typically fails all three.
Point 1 — No unforeseeable event
Debtors often point to general “geopolitical instability” or market conditions. But if those conditions already existed when the contract was signed and the cheque was issued, they are not unforeseeable. A party who enters an agreement with full knowledge of prevailing conditions cannot later call them force majeure.
Point 2 — No causation
Force majeure must actually cause the failure to perform. Insufficient funds in an account is not caused by geopolitical events. The debtor must explain precisely how the alleged event prevented them from holding the cheque amount — and usually cannot. A general claim of hardship does not establish causation.
Point 3 — No notification
UAE law expects a party invoking force majeure to notify the other side promptly when the event arises. A debtor who stays silent for months and only raises force majeure after legal notices are served has not met this requirement. Late invocation undermines the defence.
The combined effect
Because the defence must satisfy all three elements, failing any one defeats it — and a bounced-cheque force-majeure claim typically fails all three. Add to this that the cheque is an executory instrument enforceable in its own right, and the defence rarely stops execution.
How to respond
If a debtor raises force majeure, the rebuttal is structured: (1) the event was foreseeable / pre-existing, (2) it did not cause the lack of funds, and (3) no timely notice was given. State each point with reference to Articles 249 and 273.
Need to respond to a lawyer’s letter raising this? Reply to a legal notice · Proceed with cheque execution
Frequently asked questions
Can market conditions excuse a bounced cheque? Generally no — if the conditions pre-dated the cheque, they are not unforeseeable, and they do not cause an empty account.
Does force majeure need to be notified? Yes — prompt notification is expected. Raising it only after legal action weakens the claim.
Which articles govern force majeure in the UAE? Civil Code Articles 249 and 273 are commonly cited.