Frustration, Force Majeure, Material Adverse Change and COVID-19 in England, the DIFC and ADGM

Andrew Spink QC and Saaman Pourghadiri summarise how contractual obligations may be affected by the Covid-19 pandemic and measures taken to quell it.

Governments across the world have taken unprecedented steps to restrict ordinary daily life in an effort to mitigate the severe impact of Covid-19. The human impact is enormous but the pandemic will also have profound short and long-term economic effects. Andrew and Saaman of summarise how contractual obligations may be affected by the pandemic and the measures taken to quell it. This note will look at some key elements in construing Force Majeure (“FM”) clauses, Article 82 of the DIFC Contract Law 2004 (“Article 82”), and common law frustration before considering MAC clauses

Read the full guidance note here.

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Contact Andrew Spink QC or Saaman Pourghadiri of our Commercial Dispute Resolution Team, who would be pleased to discuss your specific circumstances in the strictest of confidence.

Please contact David Smith on +44 (0)20 7427 4905 or Colin Bunyan on +44 (0)20 7427 4866 for further information and details of future events on this area of law.

Covid-19, Commercial during Covid-19, Commercial, News 1 Apr, 2020