Blog 2: The Key to Enforceable Contracts: Defining Force Majeure Events
Jeremy Boyle Solicitor
Specialist dispute resolution and insolvency lawyer, versed in arbitration and fraud law. I am based in the heart of legal London near the Royal Courts of Justice and the Rolls Building.
The effectiveness of an FM clause hinges on how the triggering events are defined. For in-house counsel, ensuring precision in these definitions is critical to enforceability. Common FM events include pandemics, government actions, natural disasters, and armed conflicts. However, the criteria for invoking FM must be met:
1. The event must be unforeseeable.
2. It must be insurmountable by reasonable means.
3. It must materially impact contractual performance.
In drafting FM clauses, terms like “hinder,” “delay,” or “prevent” dictate the extent of relief. Ambiguity in these terms can lead to disputes, compelling reliance on governing laws or broader legal principles to resolve gaps. Conversely, overly restrictive definitions may leave your organization exposed to risks.
In our next newsletter, we’ll examine practical remedies under FM clauses to protect your organisation.
If this topic resonates with you and you would like to discuss them further or need assistance with arbitration or contractual disputes, please reach out to me at [email protected] or call +44 207 467 3980 to book a consultation on Teams. I’d be delighted to assist with any challenges you are facing in these areas.