header-logo header-logo

27 March 2026
Issue: 8155 / Categories: Legal News , Commercial
printer mail-detail

NLJ this week: Force majeure & the reallocation of risk

245635
Pandemic, sanctions, armed conflict, blocked shipping corridors, transport disruption... in these uncertain times, every successful commercial entity must ensure they have an effective force majeure clause in place. But how exactly do you ensure this? 

In this week’s NLJ, Gustavo Moser, independent arbitrator and consultant, and arbitration specialist lawyer at Lexis+® UK Arbitration, takes us through the key elements of a watertight force majeure clause in international contracts.

There must be ‘disciplined drafting, factual clarity and a careful appreciation of the governing legal framework’. Moser highlights the importance of the scope of definition, for example, he writes that ‘disputes seldom turn on abstract characterisations like “war” or “crisis”; they hinge on whether a concrete development falls within the contractual language when read in context’. 

As Moser highlights, force majeure clauses are ‘no longer peripheral safeguards’ but form ‘a core element of modern contractual risk architecture’.

Issue: 8155 / Categories: Legal News , Commercial
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
back-to-top-scroll