News & Analysis as of

Force Majeure Clause Commercial Contracts

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - Using a Contract Review Checklist for Commercial International Trade Contracts

In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms...more

Morrison & Foerster LLP

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

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Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

Barnea Jaffa Lande & Co.

Doing Business in Israel: Effects of War in Israel on International Companies

Barnea Jaffa Lande & Co. on

Operation Swords of Iron constitutes a state of emergency in Israel unlike any other in past decades, with at least 1,400 citizens killed and some 300,000 reservists called up for duty. This state of emergency is being felt...more

Quarles & Brady LLP

Supply Chain Survival Series: Impracticability, Impossibility and Frustration of Purpose (Article #10)

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In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Walkers

Can sanctions on Russia provide a defence for non-performance under Cayman Islands law contracts?

Walkers on

The Insolvency and Dispute Resolution team at Walkers in Dubai continue to advise on the impact of the recent sanctions imposed on Russia in an offshore context, including whether such sanctions can give rise to a defence for...more

Kilpatrick

The Impact of War on Commercial Contracts and the Global Supply Chain

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Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discusses the Russian invasion of Ukraine creating a series of commercial contract issues and potential liabilities for companies doing...more

Lowenstein Sandler LLP

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

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In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

Jaburg Wilk

Force Majeure And The Coronavirus Pandemic A Case Law Update

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I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

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Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Holland & Hart LLP

Drafting Commercial Contracts: Eight Important Provisions During a Pandemic

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Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following...more

Barnea Jaffa Lande & Co.

Does Covid-19 Void Contracts?

The inter-ministerial team assembled to examine the consequences of the Covid-19 crisis on contractual agreements has recently published its recommendations.   The team was comprised of representatives from the Ministry of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Diligence Clauses and the Management of Uncertainty in Life Sciences Agreements

In times of uncertainty and disruption, setting expectations for performance with business partners and contractual counterparties can be more complicated than ever. Companies that develop drugs, biologics and medical devices...more

Fox Rothschild LLP

Force Majeure, Commercial Frustration And Impossibility – Defenses All NC Businesses Should Understand

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By now, most North Carolina businesses have considered this question: Does the pandemic or a government stay-at-home order forgive our performance under a commercial contract? The simple, but unsatisfactory, answer is...more

White and Williams LLP

From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens

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A little over a year ago, I wrote a blog post about the danger of relying on precedent. Now, more than ever, clients and their advisors need to revisit contract forms on which they may have been relying for years. While many...more

Cozen O'Connor

COVID-Driven Commercial Litigation – What Businesses Can Expect

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As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

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Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

Sheppard Mullin Richter & Hampton LLP

Defending Against Nonperformance Of Life Science Contracts

Many life sciences contracts, including intellectual property licensing agreements, development agreements and supply agreements, contain force majeure clauses. Depending upon the language of these clauses, the COVID-19...more

Greenbaum, Rowe, Smith & Davis LLP

Force Majeure in the Age of COVID-19: A Force to be Reckoned With

As the COVID-19 pandemic continues to wreak havoc on our social, legal, financial, real estate, and healthcare systems, the widespread disruptions caused by the COVID-19 outbreak have in certain instances made it impossible...more

Winstead PC

Your Contract and Coronavirus: Now What? - New York-Specific Addendum

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As previously discussed, the applicability of force majeure clauses (as well as similar defenses to contract enforceability such as impossibility and impracticability) in light of the COVID-19 pandemic requires detailed...more

Troutman Pepper

Ten Topics for College and University Senior Administrator Teams Navigating COVID-19

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Last spring, I was in my seventh year as general counsel and chief of staff at a private university with a close-knit senior leadership team. I thrived on collaborating with my colleagues to find solutions to our...more

Holland & Knight LLP

Considerations for International Commercial Contracts Affected by the COVID-19 Crisis in Mexico

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COVID-19, the disease caused by the current coronavirus, is upending normal life around the world, and with it hindering the performance of many commercial contracts. With borders closing and people staying at home, most...more

Dickinson Wright

COVID-19 and Its Impact on Performance of Commercial Leases: A Review of Force Majeure, Impossibility of Performance, and...

Dickinson Wright on

As COVID-19 spreads throughout the United States and governors issue “shelter-in-place” orders and mandate the closure of non-essential businesses, landlords and tenants have encountered new and evolving challenges in meeting...more

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