News & Analysis as of

Force Majeure Clause Contract Terms United Kingdom

BCLP

RTI Ltd v MUR Shipping BV: Certainty v Commerciality

BCLP on

In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise...more

Dechert LLP

Force Majeure: When Performance Is Not Enough

Dechert LLP on

Parties affected by a force majeure event should exercise "reasonable endeavours" to overcome such an event, even if the contract does not clearly state so. However, when exercising reasonable endeavours, parties do not...more

Akin Gump Strauss Hauer & Feld LLP

Contract Is (Still) King - Update on the UK Supreme Court’s Decision in RTI Ltd v MUR Shipping BV

Key Takeaways - In the words of the UK Supreme Court, the decision in RTI v MUR raised “fundamental points of principle” that could, in theory, apply to all force majeure clauses. Our top three takeaways are: Unlike the...more

Mayer Brown

Do reasonable endeavours require accepting non-contractual performance to reach a reasonable outcome?

Mayer Brown on

In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more

Hogan Lovells

UK Supreme Court preserves principles of contractual interpretation in RTI Ltd v MUR Shipping BV

Hogan Lovells on

The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more

Morrison & Foerster LLP

Drafters Beware: Key 2023 English High Court Cases That May Affect Your Commercial Contracts in 2024 and Beyond…

Morrison & Foerster LLP on

Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more

BCLP

Renewable Energy Case Update 2022

BCLP on

As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

A&O Shearman

Unsanctioned Payments: Overcoming Force Majeure Through Non-Contractual Performance

A&O Shearman on

In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more

Cooley LLP

MUR Shipping U-Turn: non-contractual performance would have overcome a force majeure event

Cooley LLP on

Earlier this year, the High Court of England and Wales held in MUR Shipping BV v RTI Ltd that an obligation to undertake ‘reasonable endeavours’ to overcome a force majeure event did not require the claimant to accept...more

A&O Shearman

A freightful payment: FM clause required acceptance of non-contractual performance

A&O Shearman on

The Court of Appeal held that an obligation to use “reasonable endeavours” to “overcome” a force majeure event required a party to accept payment in Euros, instead of the contractually agreed currency of U.S. Dollars. This...more

Sullivan & Worcester

Interpreting your contract in the wake of Russian sanctions – Commercial questions to consider

Sullivan & Worcester on

Given the recent expansion of the regulatory landscape in light of the ongoing events in Russia and Ukraine, namely the imposition of extensive sanctions on Russia (and certain Russian banks and nationals), there has been a...more

BCLP

Sanctions on Russia: what about your contracts?

BCLP on

As you will know, an unprecedented sanctions regime has been imposed by the UK, EU and US in response to Russia’s actions concerning Ukraine. But what issues could arise for your contracts with Russian or Ukrainian parties or...more

Jones Day

Conflict in Ukraine: Liability for Non-Performance Under English Law

Jones Day on

The ongoing conflict in Ukraine, and the severe sanctions imposed by governments globally in response to Russia's aggression, are having extreme effects on parties' legal obligations, and are drastically altering the...more

BCLP

Key trends in contractual negotiations

BCLP on

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

White & Case LLP

COVID-19: Disruption to Art Transactions

White & Case LLP on

It would be a truism to note that COVID-19 has had a profound impact on many sectors globally. The art industry, which relies considerably on the human interaction between art dealers, artists, and members of the public, is...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

Hogan Lovells on

As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

A&O Shearman

COVID-19–Impact on Commercial Contracts

A&O Shearman on

Coronavirus (“COVID-19”), which was first reported in Wuhan, China at the end of 2019, and declared by the World Health Organization to be a pandemic on March 11, 2020, continues to have a severe impact on global business and...more

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

Dechert LLP on

Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

Katten Muchin Rosenman LLP

Force Majeure and Frustration in English Law M&A Agreements in the Context of COVID-19

The impact of the COVID-19 outbreak is being felt across the globe and has been recognised by the World Health Organisation (WHO) as a global pandemic. Like many other governments worldwide, on Monday, 23 March, the UK...more

International Lawyers Network

International Lawyers Network: Force Majeure

This guide offers an overview of legal aspects of force majeure in the requisite jurisdictions.... This guide describes the law in force in the requisite jurisdictions at the dates of preparation. This may be some time ago...more

A&O Shearman

Covid-19 coronavirus: Legal ramifications in asset finance

A&O Shearman on

Financiers, lessees, borrowers and sponsors in the asset finance sector are feeling the detrimental impact of Covid-19 on their business. This note examines some of the legal issues faced by the parties and how they might...more

Dechert LLP

COVID-19 Coronavirus: Facing a Global Challenge: Key Considerations for Fund Managers

Dechert LLP on

The outbreak of the COVID-19 coronavirus is causing business disruption on an unprecedented scale. After more than a decade of sustained economic growth, market volatility and central bank intervention has returned. ...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Force majeure and frustration under English law – Update

As the impact of the COVID-19 pandemic continues to be felt across all jurisdictions and sectors, companies are considering their options should they find themselves unable to perform their contracts. ...more

Morrison & Foerster LLP

COVID-19 Update – Understanding Your Rights Under Contracts Whose Performance Is Affected By COVID-19

Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide