header-logo header-logo

27 March 2026 / Gustavo Moser
Issue: 8155 / Categories: Features , Commercial , Practice areas
printer mail-detail

Force majeure & the reallocation of risk

245635
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

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

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll