Is COVID-19 a Force Majeure event?
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April 9, 2020 - by Iain Elder, Nicholas Buckworth, Ben Shorten, Xiaogang (Sean) Wang, Daryl Chew, Jonathan Swil and Danielle Altink from Shearman & Sterling for www.leehamnews.com
Editor's Note: Airbus, Boeing and Embraer and other OEMs face requests for deferrals and perhaps cancellations of orders as a result of COVID-19. In addition, Boeing now faces cancellation requests for the 737 MAX grounding, now in its 13th month.
While Boeing's contracts generally allow Boeing or the customer to cancel the order after the 12th month, the COVID crisis raises a new element: canceling by Force Majeure and something called the Doctrine of Frustration.
The following analysis appeared March 12, 2020, on the website of the law firm Shearman & Sterling law firm. The authors are listed at the end of this article. It is reprinted here with permission.
Following the rapid spread of the novel coronavirus ("COVID-19") that was first reported in Wuhan, China at the end of 2019, the World Health Organization declared COVID-19 to be a pandemic on March 11, 2020.
In this note, we consider how force majeure provisions in commercial contracts and the...
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