The COVID-19 pandemic has led many commercial parties to review their contractual arrangements and consider whether there are any grounds on which they may seek to delay or avoid performance (or liability for non-performance), or suspend or terminate their contracts.
Force majeure clauses are intended to address circumstances in which a supervening event has prevented or delayed the performance of a contract. As such, parties across the supply chain may look to force majeure clauses as an avenue for relief in the wake of COVID-19. Equally, in some jurisdictions, there may be a statutory entitlement to invoke force majeure independent of any contractual provision.
Our new publication, COVID-19: Force majeure: A global perspective, provides a high-level overview of the approach taken to force majeure clauses in key jurisdictions, set out in table format for quick reference. The jurisdictions covered are: Australia; China; France; England & Wales; Germany; Hong Kong; Indonesia; Italy; Japan; Russia; Saudi Arabia; South Africa; Spain; Thailand; and United States (California, New York & Texas).
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2020