header-logo header-logo

06 December 2024 / Gustavo Moser
Issue: 8097 / Categories: Features , Procedure & practice , Contract
printer mail-detail

Force majeure: steering through uncertainty

200296
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll