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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 design, the casual link to non-performance, compliance with procedural

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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