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27 March 2026 / Gustavo Moser
Issue: 8155 / Categories: Features , Commercial , Practice areas
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Force majeure & the reallocation of risk

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In a volatile world, force majeure clauses are now part of the structure of international contracts, writes Gustavo Moser
  • Force majeure clauses now function as strategic tools for allocating extraordinary risk in volatile and conflict-driven environments.
  • Carefully calibrated triggers, causation analysis and mitigation standards determine when relief is available.
  • Coherent drafting and governing law choices ensure force majeure operates consistently within a broader contractual risk framework.

In recent years, international commerce has been shaped by developments few contracting parties fully anticipated: pandemic, armed conflicts, cyber disruption, regulatory intervention, sanctions regimes and supply chain fragility. Increasingly, however, armed conflict and conflict-adjacent war-risk events, ranging from hostilities and regional instability to infrastructure damage and transport network disruption, have become recurring stress tests for cross-border agreements.

Although the nature and frequency of disruption have evolved, the legal analysis has not fundamentally changed. Whether conflict-related developments, such as shipping rerouting, port disruption, sanctions, insurance constraints or energy volatility engage a force majeure (FM) continues to depend on familiar considerations: the contractual

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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