Compare and Contrast of Force Majeure Interpretations and Other Business Interruption Contractual Issues

COVID-19 is causing business disruption in supply chains across the world. For the first time, many multinationals are focusing on a concept known as “force majeure” and other hardship clauses and doctrines to potentially seek relief from contractual obligations and liabilities. In practice, these may not excuse a non-performing party, but rather delay or suspend the obligation until the event has concluded. As companies seek to invoke force majeure and other clauses, it is important to remember that these concepts are defined and applied differently across various jurisdictions and will be capable of enforcement during COVID-19 depending on how specific events are set forth in the applicable clause.

Our panel, who practice in both common and civil law jurisdictions, will address how “force majeure” and other hardship clauses and doctrines may differ and the importance of reviewing each contract and clause on a case by case basis, with the relevant jurisdiction and legal analysis in mind.