Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or impossibility of performance. The specific language of these provisions, as a reflection of the parties’ intent, is crucial to the outcome of any dispute, as is the specific law governing the contract. It is also helpful to understand the focal points of analyses generally performed by courts or arbitration panels which adjudicate force majeure cases. Read More