Description
Force majeure, often thought of as a catch-all boilerplate clause that provides a panacea to protect against the risk of non-performance, has increasingly become the focus of an emerging litigious battleground in the post-COVID landscape. Resolution of disputes often hinges on how courts construe force majeure clauses, regularly relying on how narrowly or broadly these provisions were drafted. What have we learned based on recent court decisions and how should force majeure provisions be drafted moving forward to get the best results for your clients?
Force majeure clauses are becoming more heavily scrutinized since the pandemic left a trail of uncertainty and litigation in its wake pertaining to the extension, suspension, and exemption of performance of parties under a contract. Join us as our expert panel explores the how courts have dealt with force majeure litigation since the pandemic and what language to include, and exclude, when drafting or amending force majeure provisions in your contracts.
Topics include:
- Language to introduce into new and existing contracts
- Interplay and dependency on use provisions
- Issues involving equitable relief
- What is enforceable and what facts must be shown?
- Latest court rulings and lessons earned from the COVID era