Should lawyers be advising their clients to rewrite their force majeure clauses, and if so how? What impact is the decision likely to have in shipping, commodities and finance contexts, particularly in an era of sanctions?
Specific issues for discussion will include:
• the impact of the decision on ISDA (International Swaps and Derivatives Association) trades;
• the implications of the decision from a shipping / chartering perspective;
• what (if anything) the decision tells us about the Supreme Court’s thinking more generally on contract law and contractual interpretation; and
• whether the Supreme Court got it right.