Abstract:Under the special background of the outbreak of the COVID-19, the COVID-19 and related prevention measures may easily lead to obstacles in the performance of international commercial contracts. The force majeure disputes under the COVID-19 then emerges. When the applicable law is Chinese law, whether the COVID-19 and the prevention measures constitute force majeure depends on the contract stipulation. If there is no stipulation concerning force majeure or the stipulation is unclear, it will depend on the law. Factual proof of force majeure is an important document for foreign-related enterprises to reduce or exempt from liability for breach of contracts. The China Council for the Promotion of International Trade (CCPIT), chambers of commerce and notarial institutions are entitled to provide the factual proof of force majeure. The factual proof of force majeure only illustrates the related facts, so it does not have legal effects. For disputes that have occurred, foreign-related enterprises shall promptly perform the obligation of notification and proof, and collect and fix evidence meanwhile. In the post-COVID-19 era, foreign-related companies shall make the force majeure clauses better when signing new contracts to improve the certainty and predictability of dispute resolution.