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ARTICLE · 17 FEBRUARY 2020

Operation Of Force Majeure In An Epidemic

Mayer Brown
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The COVID-19 Coronavirus is already disrupting both public life and business across the globe as various countries, including China, take robust measures to contain its spread.

ChinaReal Estate and Construction
Thomas So
Thomas So
Tom Fu
Tom Fu
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The COVID-19 Coronavirus is already disrupting both public life and business across the globe as various countries, including China, take robust measures to contain its spread. All engaged in international business should consider the legal ramifications this may have on their activities. Although much will depend on the specific provisions of relevant contracts and the available rights and remedies under the applicable law, the first port of call will usually be the contractual "force majeure" clause. 

This update provides an overview of how a "force majeure" clause generally functions, using English law as a basis for analysis, and then highlights further considerations which may be relevant in the context of construction contracts (including Build Operate Transfer (BOT) and Engineering, Procurement and Construction (EPC) agreements) and energy or mineral resources contracts (including concession agreements and power purchase agreements) which may be particularly

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.

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