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Arbitration Force Majeure Clause

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Kerr Russell

Is Your Supply Contract Built for Disruption? A Framework for Resilience

Kerr Russell on

What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more

Blake, Cassels & Graydon LLP

Key Clauses in Construction Contracts: Practical Guidance for Project Success

As the legal and commercial landscape around construction projects continues to evolve, so must the contracts that govern these projects. In recent years, courts and contracting parties have emphasized how agreements allocate...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

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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

BCLP

MUR Shipping Revisited: When force majeure and reasonable endeavours collide

BCLP on

In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative...more

Kilpatrick

Monthly Minute | Global Supply Chain Issues

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Once a month, we cover an interesting topic in 60 seconds. This month, International Disputes Partner Thomas G. Allen shares his thoughts on the current supply chain crisis....more

Blake, Cassels & Graydon LLP

Trends and Developments in Infrastructure Arbitration

The effects of COVID-19 and concerns about unforeseen events have caused both owners and contractors of infrastructure projects to re-evaluate how to best mitigate risk and manage disputes more efficiently. Some elements of...more

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

Snell & Wilmer

Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

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A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more

Vinson & Elkins LLP

Force Majeure In Emerging Markets: Mitigating Risk For Construction And Energy Investors

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Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to...more

Kelley Drye & Warren LLP

What Will “Phase II” of COVID-19 Class Actions Look Like?

As we previously reported, the spread of class actions relating to the COVID-19 pandemic has become a significant contagion of its own. More than 500 coronavirus class actions have been filed since March, including suits...more

Foley & Lardner LLP

Considerations For Health Club Owners Defending COVID-19 Related Consumer Class Actions

Foley & Lardner LLP on

Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: When Is COVID-19 the Cause of Nonperformance?

Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era. In most states, the force majeure event must have proximately caused the delay or deficiency...more

Foley & Lardner LLP

Strategy Considerations for Defending COVID-19 Related Class Actions

Foley & Lardner LLP on

Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

Bowditch & Dewey on

Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

Goodwin

Collaboration, License and other Commercial Agreements: Key Considerations for Life Sciences Companies in the Age of COVID-19

Goodwin on

The COVID-19 pandemic is continuing to cause major global disruption to the activities of development stage and other life sciences companies due to, among other factors, limited or no access to clinical trial sites, reduced...more

Perkins Coie

COVID-19 and Force Majeure: Time to Review Your Commercial Contracts

Perkins Coie on

Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or...more

Troutman Pepper Locke

GAR Know-How Construction Arbitration - United States

Troutman Pepper Locke on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Morgan Lewis

Brexit: Implications for Commercial Contracts and Investments in the UK

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The commercial and legal landscape in the United Kingdom is likely to experience considerable change as a result of Brexit. Its potential impacts have been widely discussed in recent months and years, and will include those...more

Hogan Lovells

Resolving disputes arising out of supply chain disruption in Nigeria's oil and gas market

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In this hoganlovells.com interview, Hogan Lovells counsel Jerome Finnis discusses how disparate factors, such as force majeure events and changes in law, can provoke disruptions in Nigeria’s oil and gas supply chain. He also...more

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