News & Analysis as of

Frustration of a Common Purpose Nonperformance

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

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

Fisher Phillips on

Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

Dechert LLP

China’s Supreme People’s Court Recently Issued its Judicial Guidance Opinions on Adjudication of COVID-19 Related Cases

Dechert LLP on

On April 16, 2020, the Supreme People’s Court of China (the “SPC”) issued the Guiding Opinions of the SPC on Several Issues Concerning Proper Trial of Civil Cases Involving COVID-19 (I) (the “COVID-19 Opinions”), providing a...more

BCLP

Singapore: Force Majeure and COVID-19 – Finding relief under current contracts and preparing for future events

BCLP on

Since the onset of the COVID-19 outbreak, parties have searched for contractual clauses (or legal doctrines) which may release, or at the very least, alleviate some of the obligations they are required to perform. In this...more

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

Dechert LLP on

Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Common Law Principles of Frustration, Impracticability and Impossibility

Hutchison PLLC on

As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

Brooks Pierce

Reviewing Business Contracts in Light of the COVID-19 Crisis

Brooks Pierce on

As a result of the COVID-19 pandemic, companies are facing a wide array of business challenges, many of which would likely not have been contemplated a few weeks ago. These challenges increasingly include government-ordered...more

Skadden, Arps, Slate, Meagher & Flom LLP

Coronavirus/COVID-19: Implications of Event Postponement and Cancellation

The outbreak of coronavirus/COVID-19 has caused numerous companies and event organizers to postpone, reschedule or even cancel public events. Due to regulations and advisories from governments and public health organizations...more

Dechert LLP

Impacts of COVID-19 on the Performance of Contracts Under German Law

Dechert LLP on

Key Messages - COVID-19 constitutes a Force Majeure event - if epidemics or pandemics are expressly provided for in the agreement as qualified Force Majeure circumstances and - if acts or orders of the German...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Husch Blackwell LLP

How COVID-19 Affects Contractual Obligations

Husch Blackwell LLP on

Depending upon specific contract language and case-by-case facts and circumstances, there are certain legal doctrines available to excuse delay in performance or non-performance of contractual obligations caused by COVID-19....more

Skadden, Arps, Slate, Meagher & Flom LLP

Coronavirus/COVID-19: Implications for Commercial and Financial Contracts

The outbreak of coronavirus (also known as COVID-19) is reportedly impacting global manufacturing, transportation and cross-border supply chains underpinning many aspects of international trade and commerce. Some companies...more

White & Case LLP

Suspending contractual performance in response to the coronavirus outbreak

White & Case LLP on

The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more

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