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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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