Building Resilience: Drafting Effective Force Majeure Clauses
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.
Force majeure clauses should be tailored to reflect your organization’s specific risks and operational realities. For in-house counsel, key strategies include:
? Precisely defining triggering events to balance specificity and flexibility.
? Allocating risks clearly between parties to avoid disputes.
? Ensuring remedies are robust and practical, from suspension to renegotiation.
? Choosing a governing law that supports enforceability and aligns with your organization’s objectives.
A well-drafted FM clause not only protects against unforeseen risks but also provides a framework for managing disruptions effectively. By investing in these provisions, in-house counsel can proactively safeguard their organization’s contractual and operational interests.
Well, I hope that you’ve enjoyed my series of newsletters. 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.