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Force Majeure

379 published works

  1. Florida Construction Legal Updates

    DELAYS AND SUSPENSION OF THE WORK UNDER FIXED PRICE GOVERNMENT CONTRACT

    By David Adelstein

    Here is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the…

  2. The CLS Blue Sky Blog

    Cleary Gottlieb Discusses the Context for Analyzing Force Majeure Clauses in the UK

    By Jonathan Kelly, Christopher P. Moore, Polina Lyadnova, James Norris-Jones, James Brady-Banzet

    Following a long and somewhat sleepy existence on the margins of contractual interpretation case law, force majeure clauses (“FMCs”)  found themselves subject to a rude awakening with the global onset…

  3. Cleary Foreign Investment and International Trade Watch

    Sanctions, Certainty and Pragmatism – the Contemporary Context for Analysing Force Majeure clauses

    By Jonathan Kelly, Christopher P. Moore, Polina Lyadnova, James Norris-Jones, James Brady‑Banzet, Andreas Wildner

    Following a long and somewhat sleepy existence on the margins of contractual interpretation case law, force majeure clauses (“FMCs”)  found themselves subject to a rude awakening with the global onset…

  4. Duane Morris London

    RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance

    By Duane Morris

    By Helen Ryan, Trainee Solicitor, Duane Morris LLP  On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18. The appeal…

  5. Legal Consulting Pro Blog

    Force Majeure Clauses in Contract Drafting: Essential Protection for Every Business in a Post-Pandemic World

    By Muskan Jha

    Legal Consulting Pro Legal Consulting Pro - The World's Consulting Marketplace The COVID-19 pandemic has reshaped the business landscape, highlighting the importance of robust legal protections to mitigate unforeseen risks…

  6. International Trade Insights

    The Application of Force Majeure Provisions to Shipping Disputes

    By Julie Maurer, Aaron Schepler

    Force majeure contract provisions are potentially coming into play as Maersk, Hapag-Lloyd, and other ocean carriers divert ships around geopolitical trouble spots in the Red Sea. Beginning in mid-November 2023,…

  7. Energy & the Law

    Winter Storm Uri – No Summary Judgment This Time

    By Charles Sartain

    Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the…

  8. ContractsProf Blog

    Force Majeure Clause Litigated in South Texas

    By Jeremy Telman

    This case has potential as a teaching case, but I'm not sure what you would use it for.  It has a little bit of everything -- interpretation, trade usage evidence, force…

  9. ContractsProf Blog

    Two Florida COVID Cases Decided in Landlords’ Favor

    By Jeremy Telman

    Both cases involved LA Fitness and attempts to invoke force majeure clauses in connection with COVID restrictions in order to be excused from responsibilities under a lease agreement.  In both cases,…

  10. ContractsProf Blog

    Classic COVID Force Majeure Case: Commvault v. Marriott

    By Jeremy Telman

    Commvault Systems, Inc (Commvault) is in the business of hosting large-scale conference events.  It entered into three contracts with Marriott Hotel Services, Inc. (Marriott) to hold various events at Marriott…