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27 March 2026 / Gustavo Moser
Issue: 8155 / Categories: Features , Commercial , Practice areas
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Force majeure & the reallocation of risk

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In a volatile world, force majeure clauses are now part of the structure of international contracts, writes Gustavo Moser
  • Force majeure clauses now function as strategic tools for allocating extraordinary risk in volatile and conflict-driven environments.
  • Carefully calibrated triggers, causation analysis and mitigation standards determine when relief is available.
  • Coherent drafting and governing law choices ensure force majeure operates consistently within a broader contractual risk framework.

In recent years, international commerce has been shaped by developments few contracting parties fully anticipated: pandemic, armed conflicts, cyber disruption, regulatory intervention, sanctions regimes and supply chain fragility. Increasingly, however, armed conflict and conflict-adjacent war-risk events, ranging from hostilities and regional instability to infrastructure damage and transport network disruption, have become recurring stress tests for cross-border agreements.

Although the nature and frequency of disruption have evolved, the legal analysis has not fundamentally changed. Whether conflict-related developments, such as shipping rerouting, port disruption, sanctions, insurance constraints or energy volatility engage a force majeure (FM) continues to depend on familiar considerations: the contractual

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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