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06 December 2024 / Gustavo Moser
Issue: 8097 / Categories: Features , Procedure & practice , Contract
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Force majeure: steering through uncertainty

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Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses
  • Tailored protection: customise force majeure clauses for optimal coverage in unforeseen circumstances, safeguarding against potential losses.
  • Clear accountability: define triggers and obligations to enhance contract management, eliminate ambiguity and ensure accountability.
  • Strategic legal choice: select a suitable legal framework for effective enforcement, protecting parties’ intentions and enabling efficient dispute resolution

In the midst of worldwide uncertainties such as the pandemic, armed conflicts, financial upheavals, natural calamities and trade restrictions, force majeure (FM) clauses have sparked the interest of the legal community. These unforeseen events, whether detailed in contracts or enshrined in statutory laws, are now critical considerations for practitioners and decision-makers alike.

Against the backdrop of the volatile economic and geopolitical scene, crafting an FM clause with precision is key to building a robust contractual base. This strategic approach is particularly indispensable for entities venturing through turbulent industry sectors and territories that are known to be susceptible to sudden disruptions and uncertainties (geopolitical instability, economic

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