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Contract Terms United Kingdom Force Majeure Clause

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

BCLP

RTI Ltd v MUR Shipping BV: Certainty v Commerciality

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In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

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In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

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The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...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

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

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In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Cooley LLP

MUR Shipping U-Turn: non-contractual performance would have overcome a force majeure event

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Earlier this year, the High Court of England and Wales held in MUR Shipping BV v RTI Ltd that an obligation to undertake ‘reasonable endeavours’ to overcome a force majeure event did not require the claimant to accept...more

A&O Shearman

A freightful payment: FM clause required acceptance of non-contractual performance

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The Court of Appeal held that an obligation to use “reasonable endeavours” to “overcome” a force majeure event required a party to accept payment in Euros, instead of the contractually agreed currency of U.S. Dollars. This...more

Sullivan & Worcester

Interpreting your contract in the wake of Russian sanctions – Commercial questions to consider

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Given the recent expansion of the regulatory landscape in light of the ongoing events in Russia and Ukraine, namely the imposition of extensive sanctions on Russia (and certain Russian banks and nationals), there has been a...more

BCLP

Sanctions on Russia: what about your contracts?

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As you will know, an unprecedented sanctions regime has been imposed by the UK, EU and US in response to Russia’s actions concerning Ukraine. But what issues could arise for your contracts with Russian or Ukrainian parties or...more

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

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The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

BCLP

Key trends in contractual negotiations

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The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

White & Case LLP

COVID-19: Disruption to Art Transactions

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It would be a truism to note that COVID-19 has had a profound impact on many sectors globally. The art industry, which relies considerably on the human interaction between art dealers, artists, and members of the public, is...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

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As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

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Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

A&O Shearman

COVID-19–Impact on Commercial Contracts

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Coronavirus (“COVID-19”), which was first reported in Wuhan, China at the end of 2019, and declared by the World Health Organization to be a pandemic on March 11, 2020, continues to have a severe impact on global business and...more

Katten Muchin Rosenman LLP

Force Majeure and Frustration in English Law M&A Agreements in the Context of COVID-19

The impact of the COVID-19 outbreak is being felt across the globe and has been recognised by the World Health Organisation (WHO) as a global pandemic. Like many other governments worldwide, on Monday, 23 March, the UK...more

International Lawyers Network

International Lawyers Network: Force Majeure

This guide offers an overview of legal aspects of force majeure in the requisite jurisdictions.... This guide describes the law in force in the requisite jurisdictions at the dates of preparation. This may be some time ago...more

A&O Shearman

Covid-19 coronavirus: Legal ramifications in asset finance

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Financiers, lessees, borrowers and sponsors in the asset finance sector are feeling the detrimental impact of Covid-19 on their business. This note examines some of the legal issues faced by the parties and how they might...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Force majeure and frustration under English law – Update

As the impact of the COVID-19 pandemic continues to be felt across all jurisdictions and sectors, companies are considering their options should they find themselves unable to perform their contracts. ...more

Morrison & Foerster LLP

COVID-19 Update – Understanding Your Rights Under Contracts Whose Performance Is Affected By COVID-19

Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and...more

Vinson & Elkins LLP

Routes To Relief On Both Sides Of The Atlantic – Frustration And Force Majeure Under US And English Law

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COVID-19 presents a unique and, for most parties, unprecedented challenge – a pandemic that has resulted in a global public health crisis and significant restrictions on global trade and labor, the repercussions of which...more

Cooley LLP

Alert: COVID-19 and the Performance of Contracts in England & Wales

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With the COVID-19 pandemic causing major disruption globally, the incidence of commercial parties seeking to avoid liability for failure to perform by reliance on force majeure (FM) clauses is set to increase. While FM...more

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