COVID-19 is disrupting contracts in our energy industries, impacting electric power and petroleum, and both product providers and service providers. Contracts will be breached. The phrase “force majeure” will be top of mind.

This paper is not legal advice. It simply reminds in-house counsel how the law treats contract disruptions and what questions are likely to be on a tribunal’s mind if the dispute ends up in court or arbitration. The goal is to make it easier for in-house counsel to identify key legal issues when advising a client on whether compliance with the contract may be suspended.