FORCE MAJEURE – Duane Morris London

September 9, 2026September 9, 2026 by Duane Morris

“Unforeseeable” Does Not Mean Unimaginable: The High Court Draws a Line on Force Majeure

By Kian Mellett

A dispute arose from the sale of Ukrainian corn after the sellers invoked force majeure when Black Sea Grain Initiative inspections were suspended during the shipment period. The High Court, on appeal under section 69 of the Arbitration Act 1996, considered whether the force majeure event was “unforeseeable,” whether timely notice was a condition precedent to relying on the clause, and how the force majeure and shipment extension provisions interact.

May 21, 2024May 21, 2024 by Duane Morris

RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance

By Helen Ryan, Trainee Solicitor, Duane Morris LLP

On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.

The appeal centred around the issue of whether a force majeure clause which required the affected party to exercise ‘reasonable endeavors’ to overcome the effects of the relevant event or state of affairs meant that the other contracting party had to accept an offer of non-contractual performance.

Continue reading “RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance”

April 28, 2020February 2, 2021 by Duane Morris London

Is COVID-19 A Contractual “Get-Out-Of-Jail-Free” Card?

By Sue Laws

28.04.2020

COVID 19 is having a massive impact on supply chains and business continuity and, post lockdown, questions will be asked about who pays for this. The knee-jerk response of many businesses is that the pandemic is a unique, unforeseeable “Act of God” and that businesses which have furloughed staff or been forced to close during the lockdown or have had difficulties with their own supply chains or customers reducing purchase volumes, have no liabilities to or remedies against others for the consequent losses sustained. The reality is that on a case by case basis, businesses already adversely affected by this pandemic may find that contractual claims are being made against them or that they have a route to mitigate their losses by looking at their own contractual or statutory rights.

Key to the analysis which will be carried out is a bit of “jargon-busting” and debunking some commonly held views: Continue reading “Is COVID-19 A Contractual “Get-Out-Of-Jail-Free” Card?”