Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
7/27/2020
/ Breach of Contract ,
Buyers ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Damages ,
Force Majeure Clause ,
Liquidated Damages ,
Suppliers ,
Supply Agreements ,
Supply Contracts ,
Take-or-Pay Contracts
The increasing and dynamic impact of the novel Coronavirus (COVID-19) is tangible. For example, on January 30, 2020, the World Health Organization declared a “public health emergency of international concern” and in the...more
2/26/2020
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contract Price ,
Contract Terms ,
Coronavirus/COVID-19 ,
Entitlements ,
FDIC ,
Force Majeure Clause ,
General Contractors ,
Infectious Diseases ,
Public Health ,
Time Extensions
International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more