This article outlines practical legal options for businesses struggling to meet contractual obligations under pandemic pressure. It clarifies the scope and operation of force majeure clauses, distinguishes them from frustration and related doctrines, and summarises renegotiation techniques. It then examines available contractual remedies and their interaction with insurance coverage (especially business interruption) and closes with guidance on dispute resolution (litigation vs. ADR). The focus is on clear decision criteria and documentation standards that preserve rights while supporting economically sound outcomes. A practice-oriented synthesis for in-house counsel and commercial leaders.
Björn Paulini (Thu,) studied this question.