header-logo header-logo

Force majeure: steering through uncertainty

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll